People v. Tibbs

Defendant was found guilty of one count of unlawful possession of less than five grams of methamphetamine and was sentenced to nine months of conditional discharge and 90 days in jail, pending a remission hearing. At the remission hearing, defendant admitted he failed to complete community service and the court ordered defendant to serve the 90-day sentence. The State did not present any evidence but stated that the discharge officer did not have any proof of service hours having been completed. Defendant appealed, arguing that the remission hearing did not comply with due process because the State was deprived of its burden to prove he failed community service and he was deprived of the ability to confront and cross-examine the discharge officer. The appellate court affirmed, finding that there was no need to cross-examine when defendant had already proven his failure to comply by his own admission. (ZENOFF and DeARMOND, concurring.)