2010AP83-CR State v. Walker

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Probation and Parole
Revocation

Jason Walker was sentenced after revocation of his probation. The sentencing court considered probation violations that Walker denied committing. Walker argues the court could not consider the violations because the State did not prove he committed them. He contends the sentencing court was obligated to resolve the factual dispute about whether the violations occurred, but had no basis to do so without holding an evidentiary hearing.

We disagree. The sentencing court had sufficient evidence to conclude that the probation violations occurred, and Walker did not present any evidence to the contrary. On appeal, it is Walker’s burden to show that the court relied on inaccurate information when it sentenced him. Walker has not met this burden. We therefore affirm. Not recommended for publication in the official reports.

2010AP83-CR State v. Walker

Dist III, Pepin County, Duvall, J., Peterson, J.

Attorneys: For Appellant: Schmaal, William E., Madison; For Respondent: Gansner, William L., Madison; Seifert, Jon, Durand

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