State v. Robertson

Summary

The Idaho Supreme Court held that Sheryl D. Robertson did not knowingly and intelligently waive her constitutional right to a probation-revocation hearing by waiving a treatment-court termination hearing. Because the district court proceeded directly to disposition without holding an evidentiary probation-revocation hearing, the court vacated the order revoking probation and imposing a modified sentence. The case was remanded for further proceedings.

Holdings

1. Robertson did not knowingly and intelligently waive her right to a probation-revocation hearing because the treatment-court Notification and Waiver forms did not clearly communicate that waiving the Wood Court termination hearing would also waive the probation-revocation hearing in the sentencing court.
2. The district court violated Robertson's Fourteenth Amendment due-process rights by revoking probation and imposing a modified sentence without first holding a probation-revocation hearing.
3. The Idaho Supreme Court could review the validity of Robertson's waiver even though she did not contemporaneously object in the district court.

Questions Presented

1. Whether Robertson knowingly, intelligently, and voluntarily waived her constitutional right to a probation-revocation hearing by signing forms waiving a treatment-court termination hearing.
2. Whether the district court violated the Fourteenth Amendment Due Process Clause by proceeding directly to disposition and revoking probation without first holding a probation-revocation hearing.
3. Whether review of the validity of Robertson's waiver was barred because the issue was not contemporaneously raised in the district court.

Disposition

vacated