State v Sisneros

Sisneros appealed the denial of his motion to strike a probation revocation hearing and the denial of his continuance motion at the hearing. The apneal affirmed. It held there was no error in not striking the hearing as Sisneros had written notice of the charges and evidence, had the opportunity to present evidence and cross examine state witnesses and did not contest the blood alcohol test showing he had consumed alcohol in violation of his probation terms; his ex-wife testified he hit her and threw her through a table which was sufficient to revoke probation and there was no evidence any video existed of Sinsneros’ confrontation with police after the assault. The panel affirmed on the continuance as Sisneros’ attorney had not actively sought out the proposed witness and did not know what if anything she would say on the stand and anything she did say would be irrelevant as the witness was not in the apartment at the time of the assault.