Pena v. State (8th COA)

The State cannot revoke a defendant’s probation based on the invocation of his Fifth Amendment right in mandated sex offender treatment. Because the State did not grant the defendant full-use immunity for any statements that could be used against him in potential future cases, the defendant cannot be compelled to make self-incriminating statements in a mandatory treatment program and the State cannot use his dismissal from that program as the basis for revoking his probation. Read.