State v. Cooper

“The decision to revoke probation is discretionary and may be exercised upon a finding that the offender has violated one or more conditions of probation . . . .” OAR 213-010-0001.

Defendant appealed the trial court’s judgment that revoked her probation and imposed a 44-month prison term. Defendant assigned error to the trial court’s finding that she violated a condition of her probation. On appeal, Defendant argued that the record was insufficient to find her in violation of a condition of her probation that required her to live in clean and sober housing. In response, the State argued that Defendant violated her probation because she failed to receive permission from her probation officer before she changed her address; however, the record did not reflect that she moved or that she was evicted. “The decision to revoke probation is discretionary and may be exercised upon a finding that the offender has violated one or more conditions of probation . . . .” OAR 213-010-0001. The Court held that the trial court abused its discretion because it evaluated Defendant’s general character at the revocation hearing and the record did not support that Defendant had moved or been evicted from her house, thus, she did not violate a term of her probation. Reversed and remanded.