State v. Kibbe

The evidence was insufficient to support the superior court’s revocation of Defendant’s probation.Defendant was sentenced to a term of years and probation after pleading guilty to gross sexual assault and unlawful sexual contact. Several years after Defendant served his sentence, the State filed a motion to revoke Defendant’s probation on the grounds that Defendant failed to report to his probation officer as required on two occasions and walked in front of a public school. The Supreme Judicial Court vacated the judgment of the superior court, holding that the State failed to meet its burden to prove, by a preponderance of the evidence, that Defendant was on probation at the time of his alleged probation violations. View "State v. Kibbe" on Justia Law