Lewis v. State

Citation529 P.2d 796,90 Nev. 436
Decision Date23 December 1974
Docket NumberNo. 7600,7600
PartiesRobert LaVerne LEWIS, Appellant, v. The STATE of Nevada, Respondent.
CourtSupreme Court of Nevada
Rodlin Goff, State Public Defender, Gary A. Sheerin, Deputy State Public Defender, Carson City, for appellant
OPINION

ZENOFF, Justice:

Robert LaVerne Lewis pleaded guilty to a charge of attempted forgery under NRS 205.090 and was sentenced to a term of five years in the Nevada State Penitentiary. The sentence was suspended and he was placed on probation for a period of two years. During Lewis's probation period the State of Nevada moved to revoke his probation because of purported violations of his probation agreement. The Eighth Judicial District Court revoked the probation and imposed the original sentence.

The issue raised on appeal is whether the district court abused its discretionary power in revoking probation. Lewis claims that the State is required to establish violations of the probation agreement by a preponderance of evidence.

In considering the standard to be applied in revoking probation the law is well-established that revocation of probation is within the exercise of the trial court's broad discretionary power and such an action will not be disturbed in the absence of a clear showing of abuse of that discretion. Pickens v. State of Texas, 497 F.2d 981, 982 (5th Cir. 1974); United States v. Lara, 472 F.2d 128, 129 (9th Cir. 1972); 18 U.S.C.A. § 3651 (the equivalent federal statute to NRS 176.215). 1

Evidence beyond a reasonable doubt is not required to support a court's discretionary order revoking probation. The evidence and facts must reasonably satisfy the judge that the conduct of the probationer has not been as good as required by the conditions of probation. Pickens v. State of Texas, supra; Bernal-Zazueta v. United States, 225 F.2d 64, 68 (9th Cir. 1955).

The appellant's record reflects that sufficient evidence was present to justify revocation. Lewis left the state without permission of his probation officer, he changed his residence without permission, failed to report to his probation officer for several months and it was established at the revocation hearing that he occupied more than one motel room under an alias and in each instance left without paying for the accommodations. Also, he performed some automotive repair service while...

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140 cases
  • HARRIS v. U.S.
    • United States
    • Court of Appeals of Columbia District
    • July 10, 1992
    .......         Although the state courts are not as uniform as the federal courts, they are nearly unanimous in rejecting the clear and convincing standard. Only two states, Minnesota ...State, 249 A.2d 269, 272 (Del. 1968) (decided before Gagnon ); State v. Robinson, 190 Mont. 145, 619 P.2d 813, 815 (1980); Lewis v. State, 90 Nev. 436, 529 P.2d 796, 797 (1974); State v. Bourdeau, 448 A.2d 1247, 1248 (R.I. 1982); State v. Bailey, 464 N.W.2d 626, 628 (S.D. ......
  • U.S. v. Arellano-Torres
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 18, 2002
    ......He was convicted and sentenced to 12 to 48 months custody in the Nevada State Prison. However, NRS 193.130(2)(e) required the state court immediately to suspend the term of imprisonment and impose probation; Arellano received a ...NRS 211A.127, 176A.630; see also Lewis v. State, 90 Nev. 436, 529 P.2d 796, 797 (1974) (confirming that "the law is well-established that revocation of probation is within the exercise of ......
  • Dail v. State
    • United States
    • Supreme Court of Nevada
    • May 15, 1980
    ...... quantum of proof necessary for revocation" has not been adequately specified in Nevada and that the proof should be convincing by objective standards and not in the "unfettered discretion of the trial court." He has asked us to reject the "reasonably satisfied" standard enunciated in Lewis v. State, 90 Nev. 436, 529 P.2d 796 (1974), in favor of a preponderance of the evidence standard adopted in several other jurisdictions. See, e. g., United States v. Iannece, 405 F.Supp. 599 (E.D.Pa.1975); Henderson v. State, 568 P.2d 297 (Okl.Cr.1977). We are unpersuaded.         The ......
  • Anaya v. State
    • United States
    • Supreme Court of Nevada
    • January 24, 1980
    ...... I believe this contention is also without merit. We have held that in order to revoke probation the judge must be reasonably satisfied by the evidence and facts "that the conduct of the probationer has not been as good as required by the conditions of probation." Lewis v. State, 90 Nev. 436, 438, 529 P.2d 796, 797 (1974). See also United States v. D'Amato, 429 F.2d 1284 (3d Cir. 1970).         I note that appellant was also accused of failing to cooperate with his probation officer. In this connection, nonhearsay evidence presented below was by itself ......
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