State v. Maurice M.
Annotate this CaseDefendant was convicted of assault in the third degree and sentenced to one-year incarceration, execution suspended, and three years probation. Defendant was later arrested and charged with risk of injury to a child and, subsequently, with violation of probation. The trial court revoked Defendant's probation on the basis of its finding that Defendant had committed the crime of risk of injury to a child, and committed Defendant to the custody of the commissioner of correction for the unexecuted portion of his original one-year sentence. The appellate court affirmed. The Supreme Court reversed, holding that the appellate court improperly concluded that there was sufficient evidence that Defendant violated his probation by committing the crime of risk of injury to a child when he failed to supervise a two-year-old who was in his care and able to exit the home. Remanded with direction to render judgment for Defendant.
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