(DOWNLOAD) "State v. Sanchez" by Arizona Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Sanchez
- Author : Arizona Court of Appeals
- Release Date : January 01, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
The revocation of probation is not subject to the limitations of a formal trial. State v. Goodloe, 107 Ariz. 141, 483 P.2d 556 (1971). Probation is a matter of grace and not a matter of right. Varela v. Merrill, 51 Ariz. 64, 74 P.2d 569 (1937); State v. Crowder, 103 Ariz. 264, 440 P.2d 29 (1968); State v. Goodloe, supra. Although the revocation of probation has always been deemed to lie within the sound discretion of the trial court, this discretion does not allow capriciousness or arbitrariness on the part of the trial court. State v. Douglas, 87 Ariz. 182, 349 P.2d 622 (1960). It follows that a probationer facing revocation is entitled to counsel but not to a full-blown trial. There must be a fundamental fairness in the proceeding. The probationer complains that the judge took no formal sworn testimony and relied heavily on written reports. We find no such specific requirement in Arizona case law. State v. Walter, 12 Ariz. App. 282, 469 P.2d 848 (1970).
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