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State v. Johnson5/4/2004
iled to attend a M.A.D.D. impact panel. Further, Officer Zawacki testified that Johnson had been drinking alcohol.
Secondly, the violations were found to be intentional and inexcusable. The inexcusable nature of the failure to simply attend a program has already been discussed. Johnson's stipulation that he failed to complete the chemical-dependency program without any claim of extenuating circumstances is similarly an inexcusable violation. Johnson was supposed to complete the terms of his probation by October 2001. Johnson failed to complete the terms and instead was stopped on March 16, 2003. On this record, the district court did not abuse its discretion in finding there was a need for confinement.
Third, Johnson was operating a vehicle after drinking alcoholic beverages. This was precisely why Johnson was on probation. He failed to complete treatment or to even attend the M.A.D.D. program. These facts support the district courts finding that there was clear and convincing evidence of the violation and that the need for confinement outweighs the policies favoring probation. Therefore, the district court did not abuse its discretion in revoking Johnson's probation.
IV.
The last issue is whether the district court abused its discretion in granting the state's motion for a continuance on June 18, 2003. "The decision to grant or deny a continuance lies within the discretion of the [district] court." State v. Lloyd, 345 N.W.2d 240, 247 (Minn.1984). In determining whether the district court abused its discretion, the reviewing court must consider the circumstances before the district court when the motion was made and whether the defendant was so prejudiced in preparing or presenting a defense that it materially affected the outcome of the trial. Id.
*178 In this case, the district court declined to accept the states use of the March 16, 2003, complaint to prove failure to abstain from the use of alcohol. The court stated that if the state wanted to prove that basis for revoking probation, a witness would be necessary and granted a continuance for the state to bring in a witness. There is no evidence that Johnson was prejudiced in preparing or presenting his defense as a result of the grant of continuance. Officer Zawacki personally appeared and Johnson had the opportunity to cross-examine the officer. We do not find there was an abuse of discretion.
DECISION
The district court did not err in admitting a letter from the probation officer of another county to identify a probation violation or in basing revocation in part on the observations of a police officer at a stop that was later dismissed for lack of articulable suspicion. Finally, the district court did not abuse its discretion in revoking probation or granting the prosecutor a continuance.
Affirmed.
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