Ronald D. Allaback v. The State of Wyoming

Summary

The Wyoming Supreme Court affirmed the revocation of Ronald D. Allaback's probation and imposition of his underlying incarceration sentence. The court held that he received adequate notice of the alleged violations, had not previously been administratively sanctioned in a manner barring revocation, and was not entitled to relief based on probation officers' interpretations of the conditions.

Holdings

1. Correcting the month in which the alleged violations occurred did not deprive Allaback of constitutionally adequate notice because he was clearly informed of the nature of the alleged conduct; additionally, his admissions waived any lack-of-notice claim as to the admitted violations.
2. The State was permitted to seek revocation because Allaback had not previously received administrative sanctions under Wyo. Stat. Ann. § 7-13-1107 for the violations at issue.
3. The court did not need to decide whether the probation officers' interpretations concerning the Moose Lodge were proper because Allaback independently admitted other violations that supported revocation.
4. The district court did not clearly abuse its discretion by revoking Allaback's probation and imposing the underlying sentence.

Questions Presented

1. Whether correcting several dates in the State's probation-revocation affidavit deprived Allaback of due process notice of the alleged violations.
2. Whether the State was barred from seeking probation revocation because Allaback had allegedly already been subjected to administrative sanctions for some of the same conduct.
3. Whether probation officers' subjective interpretation of probation conditions concerning Allaback's presence at the Moose Lodge and co-signing of checks could support revocation.
4. Whether the district court abused its discretion by revoking probation and imposing the underlying sentence.

Disposition

affirmed