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State v. Delaney

Court of Appeals of Minnesota

November 25, 2013

State of Minnesota, Respondent,
v.
Jerry Delaney, Appellant.

UNPUBLISHED OPINION

Ramsey County District Court File No. 62CR098660

Lori Swanson, Minnesota Attorney General, St. Paul, Minnesota; and John J. Choi, Ramsey County Attorney, Thomas R. Ragatz, Assistant County Attorney, St. Paul, Minnesota (for respondent)

Cathryn Middlebrook, Interim Appellate Public Defender, Veronica M. Surges, Assistant Appellate Public Defender, St. Paul, Minnesota (for appellant)

Considered and decided by Stoneburner, Presiding Judge; Rodenberg, Judge; and Hooten, Judge.

STONEBURNER, Judge

Appellant challenges revocation of probation and execution of his previously stayed sentence, arguing that the district court denied him his due-process right to testify on his own behalf at the revocation hearing and failed to make the required findings to support revocation. Even though appellant never requested that he be allowed to testify at the hearing, at which he admitted the probation violations alleged, we conclude that the district court denied appellant's right to due process by failing to elicit any information from appellant about the alleged violations and by precluding him from making any statement about the appropriate disposition. We remand for rehearing at which appellant shall be allowed a reasonable opportunity to personally address the district court regarding the alleged violations and the disposition.

FACTS

At the beginning of appellant Jerry Delaney's appearance on three alleged probation violations, the following colloquy occurred:

[DEFENSE COUNSEL]: Your Honor. It's my understanding that [Delaney] will admit the allegations but would like to add some additional comments related to them.
[There followed a discussion between the district court and a spectator in the courtroom after which defense counsel continued speaking to the district court]
So he admits, Your Honor, but we would like to add some additional comments.
THE COURT: All right. Is that correct, ...

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