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Appellate panel hears challenge to Hefner probation revocation over warrant and evidence questions
Summary
An appellate panel heard oral argument in an appeal of the revocation of Mr. Hefner’s probation, where court‑appointed counsel James M. Crane argued the probation‑violation warrant was legally insufficient because the affidavit was not signed by the probation officer.
An appellate panel heard oral argument in an appeal of the revocation of Mr. Hefner’s probation, where court‑appointed counsel James M. Crane argued the probation‑violation warrant was legally insufficient because the affidavit relied on by the warrant was not signed by the probation officer.
Crane told the court that the warrant “was based upon an affidavit listed to as his miss Fox, his probation officer, but not signed by her,” and argued that “it is both legally and practically impossible for 1 person to swear to another,” so the warrant was invalid and the revocation should be dismissed.
The issue mattered to the parties because the trial court revoked Hefner’s probation and imposed the underlying three‑year sentence after finding violations; defense counsel said Hefner had served most of the probation term (about two years and six months, according to the defense)…
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