State v. Vazquez
330 P.3d 760
Utah Ct. App.2014Background
- Vazquez appeals an order revoking and reinstating probation for a 2012 conviction mix (possession of a forged writing, 3rd-degree felony, and attempted possession/use of a controlled substance, class A misdemeanor).
- Original sentencing suspended prison terms with probation and an additional 365 days in NUCCC for programming, all concurrent.
- In 2018, AP&P filed affidavits alleging probation violations (failure to pay restitution/fees; later positive drug tests and failure to report contact).
- Vazquez admitted the allegations at an order-to-show-cause hearing, and the district court requested a new PSI while setting a sentencing date.
- The PSI recommended revocation and prison; Vazquez urged reinstatement to probation to pay obligations and complete treatment.
- The district court revoked, then reinstated and restarted probation, imposing 1 year in jail with time served and requiring additional treatment, describing probation as zero-tolerance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether revoking and reinstating probation was proper rather than imposing the original sentence | Vazquez argues for outright revocation and prison term. | State contends court properly revoked and restarted probation with conditions. | Affirmed; district court did not simply revoke but restarted probation. |
| Whether a willfulness finding was required or the relapse realities were properly considered | Vazquez contends the court must find willful violations and consider addiction realities. | State argues admission made evidentiary finding unnecessary and willfulness need not be shown. | No willfulness finding required given admission; court's consideration of addiction realities supported. |
| Whether failure to preserve certain challenges on revocation affects review | Vazquez contends errors in revocation/recall of evidentiary hearing should be reviewed. | State notes preservation failures and reaffirms discretionary ruling. | Preservation lapses and discretion support affirmance. |
Key Cases Cited
- State v. Hodges, 798 P.2d 270 (Utah Ct.App.1990) (written findings not always necessary if record reveals basis and reasons for revocation)
- State v. Rhodes, 818 P.2d 1048 (Utah Ct.App.1991) (probation decisions involve discretion; abuse only if unreasonable)
