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Try CasePortal for FreeJ. Decker finds the lower court properly determined defendant violated the terms of his probation for using alcohol and marijuana, but improperly imposed active incarceration for the marijuana use. Defendant pleaded guilty to aggravated sexual battery, carnal knowledge of a minor and three counts of indecent liberties and was sentenced to 50 years incarceration with 41 years and eight months suspended with good behavior and supervised probation. While on probation, defendant tested positive for marijuana three times and alcohol once. Because of his positive tests and poor behavior, he was terminated from a community residential program. The lower court found him in violation of the terms of his probation and ordered him to serve 90 days incarcerated, suspending the remainder of his sentence. Defendant argues he should not have received active incarceration for his violations because they were technical violations. The instant court finds defendant’s alcohol use is not a technical violation and active incarceration may be ordered, but the marijuana use is and is not subject to active incarceration. Because the lower court may have considered both violations in determining the term of active incarceration, the matter is remanded for further action. Affirmed in part.