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Klicka v. State

No evidence supported the trial court's finding that the defendant committed an aggravated assault in violation of the terms of his probation.

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These appeals arise from the trial court’s revocation of Robert Klicka’s a/k/a John Davis probation for violation of the terms thereof.1 Klicka filed an application for discretionary appeal, which this Court granted to review the revocation order. Because the evidence failed to support the revocation to the extent ordered by the trial court, we vacate the order and remand the case for resentencing. The record shows that on February 11, 2011, Klicka pleaded guilty to possession of methamphetamine and aggravated assault and was sentenced to concurrent sentences of ten years, with one year in confinement commuted to time served, and the remaining nine years probated in each case. The general terms of his probation required Klicka to, inter alia, report to his probation officer, pay probation fees, and refrain from violating criminal laws.

In March 2011, the State filed a petition to revoke Klicka’s probation based on allegations that Klicka failed to report to intake and that he was arrested on March 1, 2011, for committing aggravated assault, criminal trespass, property damage, failure to maintain lane, fleeing or attempting to elude an officer, following too closely, hit and run, obstruction, reckless driving, suspended license, and theft by receiving stolen property.

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