This opinion will be unpublished and
may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (2004).
STATE OF MINNESOTA
IN COURT OF APPEALS
State of Minnesota,
Patti Ann Olson,
Filed November 7, 2006
Martin County District Court
File No. 46-CR-05-365
Mike Hatch, Attorney General, 1800 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101-2134; and
Terry W. Viesselman, Martin County Attorney, Michael D. Trushenski, Assistant County Attorney, 123 Downtown Plaza, Fairmount, MN 56031 (for respondent)
John M. Stuart, State Public Defender, Stephen L. Smith, Assistant Public Defender, 2221 University Avenue Southeast, Suite 425, Minneapolis, MN 55414 (for appellant)
Considered and decided by Peterson, Presiding Judge; Randall, Judge; and Kalitowski, Judge.
U N P U B L I S H E D O P I N I O N
Appellant Patti Ann Olson challenges the district court’s decision to revoke her probation. We affirm.
D E C I S I O N
A district court has “broad
discretion in determining if there is sufficient evidence to revoke probation
and should be reversed only if there is a clear abuse of that discretion.” State
The district court must consider
three factors on the record before revoking probation.
(i) confinement is necessary to protect the public from further criminal activity by the offender; or
(ii) the offender is in need of correctional treatment which can most effectively be provided if he is confined; or
(iii) it would unduly depreciate the seriousness of the violation if probation were not revoked.
Here, appellant pleaded guilty to felony DWI (test refusal), Minn. Stat. § 169A.20, subd. 2 (2004), and received a stayed presumptive sentence of 42 months’ incarceration. Among the conditions of probation, the district court ordered appellant to abstain from consuming alcohol. Within two months, appellant admitted to consuming alcohol on two occasions. The district court revoked probation.
Appellant argues that the district
court failed to adequately address the Austin
factors. We disagree. The record reflects that the district court
specifically and satisfactorily addressed each of the three
Specifically, appellant contends
that the district court erred by deciding that the need for appellant’s
confinement outweighed the policies favoring probation. “The purpose of probation is rehabilitation
and revocation should be used only as a last resort when treatment has
Based on this record, we reject appellant’s argument that the district court was required to order additional community-based chemical dependency treatment instead of reinstating her sentence. In addition, appellant fails to explain how the community-based chemical dependency treatment program she seeks would provide more benefits than the same program conducted at the prison.
We conclude that the district court did not abuse its discretion by deciding to revoke appellant’s probation and execute her sentence.