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Click here for the full text of this decision FACTS:The state filed a motion to revoke Billy Don Smart’s community supervision, alleging Smart: had committed criminal trespass; failed to report to the community supervision office in March 2003; failed to pay a Crime Stoppers fee of 15 dollars; failed to perform community service restitution in January, February and March 2003; failed to make fine payments in February and March 2003; and failed to pay court costs in February and March 2003. A hearing was held on the state’s amended motion to revoke community supervision. At a hearing to revoke Smart’s community supervision, the court liaison for the Montgomery County Community Supervision Department stated she was the custodian of Smart’s probation file; the community supervision office maintained records of each probationer’s reporting schedule as part of its regular course of business; and entries were made by one with personal knowledge. Citing Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), Smart’s counsel objected, contending the admission of the records violated Smart’s rights under the Confrontation Clause because the liaison testified she did not personally make all of the entries contained in the records. The trial court overruled the objection and admitted the file as State’s Exhibit 3 under the business records exception to the hearsay rule. The court liaison also testified her office maintained records in the ordinary course of business which detail violations of community supervision, and the court admitted the records as State’s Exhibit 4, overruling another Crawford objection by Smart’s counsel that, because the witness did not personally compile the records, Smart’s rights under the Confrontation Clause were violated. The trial court found insufficient evidence to support the State’s allegations of criminal trespass and failure to pay a Crime Stoppers fee, but found the remaining allegations were supported by sufficient evidence. The trial court entered an order which revoked Smart’s community supervision HOLDING:Affirmed. Like parole revocation, community supervision revocation is not a stage of a criminal prosecution. A community supervision revocation proceeding is an administrative hearing, not a criminal trial. Crawford addressed an out-of-court testimonial statement offered in a criminal trial and is not directly applicable in this revocation proceeding. In Morrissey v. Brewer, 408 U.S. 471, 480, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972), the Supreme Court held a parolee is entitled to due process before parole is revoked to assure “the exercise of discretion will be informed by an accurate knowledge of the parolee’s behavior.” Due process in a revocation proceeding includes the “right to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing confrontation)[.]” The Supreme Court made clear in Morrissey that “ there is no thought to equate this second stage of parole revocation to a criminal prosecution in any sense.” The Court further explained “the process should be flexible enough to consider evidence including letters, affidavits, and other material that would not be admissible in an adversary criminal trial.” Nothing in Crawford suggests that the Confrontation Clause, which applies to criminal trials, alters the standard set forth in Morrissey for the admissibility of evidence in a revocation proceeding, the court concludes. OPINION:Gaultney, J.; McKeithen, C.J., Burgess and Gaultney, JJ.

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