Determine whether White was on probation or parole during her first period of supervision.
Mary White, age twenty-five, is a Hispanic female.
She has been on probation for twelve months of a five-year probation program. She is on supervision for the felony charge of possession of a controlled substance. During her period of supervision, that is, probation, White has tested positive for the use of amphetamines on two separate occasions, failing to participate in outpatient treatment and failing to abide by the stipulations set forth by the court.
Recently, White violated the conditions of her probation by getting arrested for driving while she was intoxicated and tampering with a vehicle. White was sentenced to sixty days of incarceration within the county jail for her violations. The police report, which was obtained for the violation of probation hearing purposes, stated:
Centervale Police Department (CPD)
CPD Case Number: 11-XXXX
Incident: Tampering with a Vehicle
Reporting Officer: R. T. Smith
Date of Report: April 1, 2012
At approximately 9:30 p.m. on April 1, 2012, I, Officer R. T. Smith was dispatched to a stolen vehicle complaint at 123 Main Street in Centervale. I met with the complainant, Jane Daugherty, who said that she had parked her car by a meter while entering into Fuzzy’s Furniture Store. Before returning to her car she had stopped at the sandwich shop to pick up dinner. Daugherty returned to her car at approximately 10:30 p.m. This is when she discovered her car had been stolen.
Daugherty described her car as a 2009 black Toyota Corolla. The registration is 123-ABC. The car is valued at approximately $13,000 and has a sunroof and a dent on the back left fender from a grocery cart.
Daugherty stated that she had locked the car after exiting but did not have the keys with her at the time. She also said that she had left the keys in a lock box in the gas tank so that she did not have to worry about losing them. Daugherty stated that she had not given anyone permission to take her vehicle and was current on her auto payments so there was no possibility of repossession.
In my survey of the crime scene, I was unable to locate any items of evidence. There was no broken glass near the meter where the vehicle was parked and there were no items to photograph. Daugherty’s vehicle information was entered into the National Crime Information Center database and a Be on the look-out (BOLO) was issued for her vehicle.
At approximately 12:15 a.m. on April 2, 2012, information was received that Centervale Officer W. S. Wright was in pursuit of the suspected stolen vehicle. He entered into a traffic stop after the car came to a stop outside Freddy’s Bar in South Centervale. The driver of the vehicle was later identified as Mary White by her driver’s license. White appeared to be intoxicated and resisted Officer Wright at the scene. White was arrested for driving while intoxicated and tampering with a motor vehicle. The car was towed to Fred’s Salvage. I made contact with Daugherty to notify her that her vehicle had been recovered and that I would contact her once the vehicle was processed for evidence and could be released.
White had two new charges pending in addition to her violation. She was found guilty of the felony of tampering with a motor vehicle. The misdemeanor charge of driving while intoxicated was dropped given her felony conviction. White was assigned to Officer Myers with the Centervale Probation and Parole Office to complete a sentencing assessment report for the court. The portions of the sentencing assessment report include the narratives from the police reports, history of the offender, education, employment, substance abuse, specialized training, and a recommendation regarding the ability to succeed under a period of supervision. Given her recent history of supervision, White was sentenced to five years within the department of corrections.
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