Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Bruce A. Romanick, Judge.
The opinion of the court was delivered by: Sandstrom, Justice.
This opinion is subject to petition for rehearing. [Go to Documents]
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Opinion of the Court by Sandstrom, Justice.
[¶1] John Wetzel appeals from a criminal judgment revoking his probation. Wetzel argues the State was precluded from seeking to revoke his probation on the basis of its allegation that he committed a new offense of aggravated assault, because a jury acquitted him of the same offense before the revocation hearing. We affirm.
[¶2] In 2008, Wetzel was convicted of two counts of terrorizing, one count of aggravated assault, one count of reckless endangerment, and one count of criminal mischief. The district court sentenced Wetzel to a deferred sentence for a period of five years and ordered Wetzel placed on supervised probation during that period. The court ordered standard probation conditions, including that Wetzel not commit any new offenses and that he refrain from excessive use of alcohol.
[¶3] On May 13, 2010, Wetzel was involved in an altercation at Sports Page, a bar in Bismarck. Wetzel stabbed Robert Hixson, the owner of Sports Page, in the leg during the altercation. The next day the State petitioned to revoke Wetzel's probation, alleging he violated his probation by committing the offense of aggravated assault and excessively using alcohol. Wetzel was also charged with the criminal offense of aggravated assault, and in February 2011 a jury found he was not guilty of the offense.
[¶4] A hearing was held on the petition to revoke Wetzel's probation on March 8, 2011, and was continued on March 11, 2011. During the hearing, the State introduced portions of the transcript from the jury trial, and the district court admitted the transcripts into evidence. The court found Wetzel violated his probation by committing a new criminal ...