Flores v. State, 122619 AKCA, A-12688

Docket Nº:A-12688
Opinion Judge:ALLARD JUDGE.
Party Name:GUADALUPE R. FLORES, Appellant, v. STATE OF ALASKA, Appellee.
Attorney:Owen Shortell, Law Office of Owen Shortell, Anchorage, under contract with the Office of Public Advocacy, for the Appellant. Terisia K. Chleborad, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Jahna Lindemuth, Attorney General, Juneau, for the Appellee.
Judge Panel:Before: Allard, Chief Judge, Harbison, Judge, and Coats, Senior Judge.
Case Date:December 26, 2019
Court:Court of Appeals of Alaska
 
FREE EXCERPT

GUADALUPE R. FLORES, Appellant,

v.

STATE OF ALASKA, Appellee.

No. A-12688

Court of Appeals of Alaska

December 26, 2019

UNPUBLISHED See Alaska Appellate Rule 214(d)

Appeal from the Superior Court, First Judicial District, Juneau, No. 1JU-10-01217 CR, Louis James Menendez, Judge.

Owen Shortell, Law Office of Owen Shortell, Anchorage, under contract with the Office of Public Advocacy, for the Appellant.

Terisia K. Chleborad, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Jahna Lindemuth, Attorney General, Juneau, for the Appellee.

Before: Allard, Chief Judge, Harbison, Judge, and Coats, Senior Judge. [*]

MEMORANDUM OPINION

ALLARD JUDGE.

Guadalupe R. Flores appeals the revocation of his probation. For the reasons explained in this decision, we agree with Flores that there was insufficient evidence to support one of his two probation violations. However, we also find that Flores has waived any challenge to the other probation violation. Accordingly, we reverse the superior court's ruling with regard to the challenged probation violation, and remand this case to the superior court to determine whether the disposition is affected by this reversal.

Factual and procedural background

In 2011, Flores pleaded guilty to attempted first-degree assault after he caused serious physical injuries to his mother's boyfriend. He was sentenced to 9 years with 4 years suspended and 5 years probation.

In 2013, Flores was released on parole, but after he committed a series of parole violations, he was ordered to serve the remainder of his time.

In 2015, Flores was released on probation. Shortly thereafter, the State filed a petition to revoke probation, alleging that Flores failed to report to the probation office. The State later amended the petition to include allegations that Flores tested positive for amphetamine and committed three new criminal offenses - criminal mischief, resisting arrest, and assaulting a police officer. The court found that Flores committed the alleged violations and imposed 4 months of his previously-suspended time.

In 2016, the State filed a second petition to revoke probation. This petition is the basis for the instant appeal. In the petition, the State alleged that Flores failed to secure the prior written permission of a probation officer before changing his residence. The State later amended the petition to include a second allegation that Flores violated a condition of his probation that required him to "submit immediately to a urinalysis... to determine the use of controlled substances when directed to do so by a probation officer of the Department of Corrections."

An adjudication hearing was held on the second petition to revoke probation. Flores's probation officer, Lillian Ward, testified at the hearing. Ward described going to Flores's approved residence with another probation officer and speaking with his mother, who stated that Flores did not live there, he had not lived there for a long time, and she did not know where he was. Ward tried to reach Flores by phone, but the numbers no longer worked.

Ward further testified that Flores was subsequently arrested and taken to Lemon Creek Correctional Center...

To continue reading

FREE SIGN UP