District Court, Provo Department The Honorable David N.
Mortensen No. 111401279
M. Parmley, Attorney for Appellant
D. Reyes and Karen A. Klucznik, Attorneys for Appellee
Jill M. Pohlman authored this Opinion, in which Judges
Gregory K. Orme and Kate A. Toomey concurred.
John Levi Hoffman appeals the district court's revocation
of his probation and reinstatement of his prison sentence. We
In August 2011, Hoffman pleaded guilty to twenty counts of
sexual exploitation of a minor, all second degree felonies.
The district court sentenced him to one to fifteen years in
prison on each count. It then suspended the sentence and
placed Hoffman on probation for thirty-six months.
The conditions of Hoffman's probation required, among
other things, that Hoffman "[e]nter into, participate in
and successfully complete sex offender therapy as determined
by the treating facility, therapists and the Utah Department
of Corrections." In July 2014, Adult Probation and
Parole (AP&P) filed a Progress/Violation Report with the
district court, reporting Hoffman's "[f]ailure to
complete probation in the standard allotted time frame."
AP&P stated that Hoffman had "made slow but steady
progress, " that he was on track to "complete his
financial obligation within the next few months, " that
he "reports regularly, " and that "field
visits to his residence have found nothing of note."
However, with his "progress in sex offender treatment
coming at a slower pace, " AP&P concluded that he
would "need additional time to successfully complete
that program" and recommended that his probation be
extended for an additional thirty-six months. The district
court approved the request.
Nine months later, in April 2015, AP&P filed a second
Progress/Violation Report in which it indicated that Hoffman
had been "unsuccessfully discharged" from sex
offender treatment through the Intermountain Specialized
Abuse Treatment Center (ISAT) under the following
In September 2014, while disclosing and preparing for a
polygraph examination, Mr. Hoffman admitted that he had been
viewing pornography beginning in October 2013 through July
2014, also that he had been at his brother's residence
(more than a dozen times) with no consideration for Mr.
Hoffman's nieces and nephews being present and that Mr.
Hoffman had been to parks, trails and church without approved
supervisors. Due to the violations of treatment and
probation, Mr. Hoffman . . . was placed on a zero tolerance
stipulation with treatment at ISAT. Mr. Hoffman continued
On April 8, 2015, information was received from ISAT that Mr.
Hoffman continued to be "combative and defensive during
treatment, " that he admitted he had been attending
[Utah Valley University] dances and fondling women's
breasts and buttocks, Mr. Hoffman had failed his recent
polygraph test, admitted he had continued to look at
pornography and had violated the terms of his zero tolerance
contract with ISAT. Thus, Mr. Hoffman was unsuccessfully
discharged from treatment.
requested that the district court hold an order to show cause
hearing to determine whether Hoffman had violated the terms
of probation and recommended, should Hoffman be found in
violation, that his probation be terminated as unsuccessful
and his prison sentence be reinstated.
At the request of Hoffman's attorney, the district court
ordered that Hoffman undergo a competency evaluation.
Although the evaluators observed that Hoffman suffered from
cognitive impairments, they opined that he was competent. The
district court ...