Dugas v. State

Powers, J., delivered the opinion of the Court. Wayne John Dugas was convicted on March 7, 1968 in the Circuit Court for Anne Arundel County on three indictments involving narcotics. A total sentence of three years was imposed, but suspended and appellant was placed on probation for two years, including a provision that he remain in a private hospital. Subsequent to his release from that institution, he had several contacts with the Parole and Probation Department prior to the Department’s losing touch with him early in June 1969.

Based upon this and other difficulties, a bench warrant was issued for Dugas. Later developments revealed that he had been arrested for possession of marijuana on Assateague Island in June 1969. He was committed to Crownsville State Hospital for evaluation, where he remained for a period, and on April 1, 1970, in the Circuit Court for Worcester County, he was given probation without a verdict for three years, conditioned upon his remaining under some form of Crownsville care. Dugas returned to the Annapolis area and worked until arrested on a warrant.

A hearing on the question of violation of probation was held on April 30,1970 before Judge Sachse, who found appellant had violated the terms of his probation and ordered execution of the original sentence. Dug-as appeals, contending primarily that he was denied a constitutional right of counsel at his probation violation hearing, and also complaining that he was not guilty of the violation of the terms of probation, as confinement at the private hospital was the only term imposed. This latter contention may be quickly disposed of, as it is clear that Dugas was also subject to all of the standard terms and conditions of probation, as