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Bickel v. State

The evidence supported a finding that the defendant used and possessed marijuana and used alcohol in violation of the terms of his probation, and the fact that he may have chosen to self-medicate his depression with marijuana did not establish error in his probation revocation.

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Harry Croft Bickel, Jr., appeals from the trial court order revoking his probation and ordering him to serve a five-year term of incarceration. After the trial court denied his motion for new trial, Bickel filed an application for discretionary appeal, which this Court granted. Bickel now argues that the trial court erred by ordering a five-year term of incarceration1 upon revocation because his mental illness prevents him from complying with the probation conditions; and that the trial court erred by denying his motion for new trial before a different judge because Bickel previously had consulted the revocation judge, who therefore had extra-judicial knowledge of relevant facts. For the reasons that follow, we affirm.

The record shows that Bickel pleaded guilty to child molestation in 2002 and was sentenced to 20 years of probation. On March 14, 2012, Bickel was arrested on a probation warrant, and thereafter, on March 20, the State filed a petition for modification or revocation of probation. The petition alleged that Bickel violated the terms of probation by 1 possessing less than one ounce of marijuana; 2 failing to avoid vicious and injurious habits, including marijuana2 and alcoholic intoxication; 3 consuming alcoholic beverages in violation of sex offender condition nineteen; 4 using mind altering drugs in violation of sex offender condition twenty-two; and 5 violating special conditions of probation imposed during a previous probation revocation based on the above-stated violations.

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