This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
A juvenile, referred to as "Child," was placed on probation for possessing alcohol as a minor and committing aggravated assault with a deadly weapon. The probation terms prohibited drug use, leaving the county without permission, and other conditions. Child left the state with his mother for a family funeral without prior approval from his Juvenile Probation/Parole Officer (JPPO). Additionally, Child allegedly admitted to using marijuana, but no corroborating evidence was presented to support this claim (paras 1, 4-7).
Procedural History
- District Court of Dona Ana County: The trial court revoked Child's probation, finding violations for leaving the state without permission and using marijuana. The court dismissed a claim regarding misbehavior in school (paras 1, 8).
Parties' Submissions
- Appellant (Child): Argued that (1) leaving the state was not a willful violation because the JPPO failed to provide emergency contact information, and the mother reasonably believed she had permission; (2) the alleged marijuana use was not corroborated by sufficient evidence as required by the Children's Code; and (3) the State failed to prove Child was on probation because the Probation Agreement was not entered into evidence (para 2).
- Respondent (State): Contended that Child violated probation by leaving the state without permission and using marijuana, relying on the JPPO's testimony and Child's alleged admission (paras 1, 7).
Legal Issues
- Was the evidence sufficient to prove that Child willfully violated probation by leaving the state without prior approval?
- Was Child's alleged admission of marijuana use sufficiently corroborated to support a probation violation?
- Did the State's failure to enter the Probation Agreement into evidence preclude a finding that Child was on probation?
Disposition
- The Court of Appeals reversed the trial court's decision to revoke Child's probation and remanded the case for a new hearing limited to the issue of marijuana use (paras 3, 23-24).
Reasons
Per Kennedy J. (Pickard and Robinson JJ. concurring):
Willfulness of Leaving the State: The court found that Child's departure from the state was not willful. The evidence showed that Child's mother made the decision to leave for a family funeral and attempted to contact the JPPO but was unable to do so due to a lack of emergency contact information. Child merely obeyed his mother, as required by the Probation Agreement, and no evidence demonstrated that he acted willfully in violating the travel restriction (paras 10-14).
Corroboration of Marijuana Use: The court held that Child's alleged admission of marijuana use was not corroborated by sufficient evidence. The JPPO's testimony about positive drug test results was inadmissible due to a lack of proper documentation, chain of custody, or compliance with evidentiary standards. The Children's Code and corpus delecti rule require corroboration of extrajudicial admissions, which was absent in this case. The court emphasized the heightened procedural protections afforded to juveniles, particularly those with special needs like Child (paras 15-21).
Probation Agreement Evidence: The court rejected Child's argument that the State's failure to formally enter the Probation Agreement into evidence precluded a finding that he was on probation. The trial court was entitled to take judicial notice of its own records, which included the Probation Agreement (para 22).
The court remanded the case for a new hearing limited to the issue of whether Child used marijuana in violation of his probation and, if so, whether probation should be revoked (para 23).