People v. Rogers CA4/1

INTRODUCTION

Keith Lamar Rogers pleaded guilty to one count of failure to register as a sex offender and was placed on formal probation for two years subject to a condition that he submit to polygraph testing at the direction of his probation officer. Upon Rogers’ release from custody, he went into a polygraph service provider’s office at the instruction of his probation officer. However, he refused to sign a standard release form necessary to receive polygraph testing, told the office manager he neither wanted nor needed to submit to polygraph testing, and was asked to leave the office due to his aggressive and disruptive demeanor. The trial court found Rogers violated his polygraph testing probation condition, revoked probation, declined to reinstate probation, and sentenced him to state prison for two years. On appeal from the judgment of conviction, Rogers contends the trial court abused its discretion when it revoked and declined to reinstate his probation. He claims: (1) there was insufficient evidence to support the court’s finding that he violated his polygraph testing probation condition; and (2) assuming a violation of the probation condition, the court nonetheless…