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Sheppard v. State

The trial court erred in revoking more than two years of the defendant's probation in the absence of evidence that he committed a felony.

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We granted this application for discretionary appeal after the superior court revoked more than two years of Terry Sheppard’s probation. We reverse and remand for resentencing because Sheppard was not found to have committed a felony and because the sentencing form did not specify the special conditions that, if violated, would result in the revocation of Sheppard’s entire probation.

The record shows that in August 2009, Sheppard entered a negotiated guilty plea to possession of cocaine Count 1, driving with an unlawful alcohol concentration Count 2, and driving with a suspended license Count 3. Sheppard was sentenced to a five-year probation term on Count 1 and sentenced to shorter, concurrent probated sentences on the remaining counts. In October 2010, the State petitioned to revoke Sheppard’s probation based on allegations that he had committed misdemeanor DUI, misdemeanor battery, and driving with a suspended license and for failing to report, pay fees, and receive drug and alcohol evaluations. Following a hearing, the trial court revoked the balance of Sheppard’s probation 3 years, 8 months, and 11 days based on the technical violations and findings that Sheppard committed a DUI and drove with a suspended license.

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