By: WISCONSIN LAW JOURNAL STAFF//November 2, 2010//
Probation and Parole
Sentencing after revocation; burden of proof
At a sentencing after revocation of probation, the defendant has the burden of rebutting the allegations that led to revocation.
“[T]o prove his due process rights were violated, we conclude Walker has the burden to show that the court relied on factually inaccurate information. See id., ¶26. Walker has not met this burden. His mere denial of the sexual assault allegations during the sentencing hearing did not constitute evidence rebutting them, nor did counsel’s statement that Walker intended to defend against the pending charges. It was Walker’s burden to prove the allegations were factually inaccurate, and he has not done so.”
Affirmed.
Recommended for publication in the official reports.
2010AP83-CR State v. Walker
Dist. III, Pepin County, Duval, J., Peterson, J.
Attorneys: For Appellant: Schmaal, William E., Madison; For Respondent: Gansner, William L., Madison; Seifert, Jon, Durand