CARSON CITY — The Nevada Supreme Court recently issued a ruling that upheld the revocation of a local man’s probation.

Charlie Lin Sheppard, 58, was convicted of arson in June 2007 and placed on probation.  On Sept. 15, 2008 a probation revocation hearing was held in which it was alleged Sheppard violated the terms of his probation because he failed to report to P&P, failed to attend mental health counseling, and additionally was arrested on new charges.

Sheppard represented himself at the hearing and was assisted by Humboldt County Public Defender Matt Stermitz,  who stood by for consultation.  On October 27, 2008, Judge Richard Wagner, of the 6^th Judicial District Court, revoked Sheppard’s probation.  Sheppard was ordered to carry out the original sentence of 12-35 months in prison with 147 days credit for time served.

Stermitz appealed the revocation.  In the appeal Stermitz argued:  1) Sheppard should not have been allowed to represent himself, 2) the district court erred in failing to record conversations between Sheppard and stand-by counsel, 3) the state provided insufficient evidence to support the revocation,  4) the term of probation had already ended, and 5) that Sheppard was denied the right to subpoena and confront witnesses.

The appeal was denied in its entirety.  In reviewing the record the NSC found Wagner questioned Sheppard closely about representing himself and ruled the defendant could represent himself, that he wanted to,  and was competent to do so.  The Justices further ruled Stermitz failed to cite any authority that would have required the district court to record conversations between the defendant and stand-by counsel, that the evidence for revocation was sufficient, and that the defendant was indeed still on probation at the time.

Further, the Justices agreed the rights of those on probation to subpoena and confront witnesses is not the same as a criminal defendant’s.  They further noted the request must show the witness had information relevant to the case.  Sheppard attempted to subpoena Humboldt County DA Russell Smith.  Wagner ultimately ruled the DA would not have personal knowledge of the facts and/or his testimony would be cumulative. 

Sheppard had completed his sentence by the time the appeal was denied.