758 P.2d 713 (Idaho App. 1988), 16845, State v. Hass

Docket Nº:16845.
Citation:758 P.2d 713, 114 Idaho 554
Opinion Judge:SWANSTROM,
Party Name:STATE of Idaho, Plaintiff-Respondent, v. Gregory E. HASS, Defendant-Appellant.
Attorney:Dennis S. Voorhees, Twin Falls, for defendant-appellant. Jim Jones, Atty. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., for plaintiff-respondent.
Judge Panel:WALTERS, C.J., and BURNETT, J., concur.
Case Date:July 27, 1988
Court:Court of Appeals of Idaho
 
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Page 713

758 P.2d 713 (Idaho App. 1988)

114 Idaho 554

STATE of Idaho, Plaintiff-Respondent,

v.

Gregory E. HASS, Defendant-Appellant.

No. 16845.

Court of Appeals of Idaho.

July 27, 1988

Page 714

[114 Idaho 555] Dennis S. Voorhees, Twin Falls, for defendant-appellant.

Jim Jones, Atty. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., for plaintiff-respondent.

SWANSTROM, Judge.

Gregory Hass appeals from an order revoking his probation after the district court determined that Hass was in violation of its terms by possessing controlled substances. The court ordered Hass to serve two indeterminate seven-year concurrent sentences he had received after being convicted for two counts of first-degree burglary. On appeal, Hass contends that the report of probation violation failed to comply with a due process requirement of notice to Hass of the facts allegedly constituting the violation. He also contends that the court abused its discretion in revoking probation and by requiring the previously imposed sentences to be served. For reasons given below, we affirm.

In December 1986, pursuant to information obtained from an informant, Twin Falls police and local probation officers conducted a search of Hass' residence. Hass and two of his friends were present during the search. At the time Hass was on probation after pleading guilty to two counts of first-degree burglary. The search by the officers led to the seizure of various items, including drug paraphernalia and approximately an ounce of marijuana. The next day Hass underwent an urinalysis test for which he tested positive for cannabinoids. Later that day a violation report was filed with the district court alleging that Hass had violated his probation by the unlawful use or possession of controlled substances and drug paraphernalia.

At a hearing on the violations, various pipes, roach clips and other items described as drug paraphernalia found in the house were offered in evidence, as were the results

Page 715

[114 Idaho 556] of Hass' urinalysis. Police and probation officers also testified to finding marijuana in three separate places in the residence. The largest quantity, four separate bags along with a small amount of loose material, was found under a couch in the living room. Another bag was found in the pocket of a jacket on the couch. The last amount of marijuana was found in Hass' bedroom. Inside the room the officers found a pair of gloves. Three officers testified that in one of the gloves a cigarette package containing marijuana stems, seeds and chaff was discovered. At the hearing, Hass made no objection to this testimony. The items were not offered in evidence until a fourth officer testified. Hass then objected to the admission of the gloves and their contents on due process grounds, contending that they were not within the evidence included in the violation report. The violation report summarized the evidence seized in the search as "smoking devices believed to be drug paraphernalia, as well as a substance believed to be marijuana (29.80 grams packaged weight)." Hass contended the gloves and their contents were neither paraphernalia nor part of the marijuana quantity referenced in the report.

The district court admitted the items as evidence over...

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