A court is without authority to revoke probation for a crime committed during the probationary period when revocation proceedings have not been initiated before the probationary period has expired. State v. O’Neal, 24 Or App 423 (1976); See also State v. Larson II, 314 Or App 576 (2021). In State v. LaCoe, 323 Or App 74 (2022), Defendant had a pending probation hearing to occur after a scheduled end of probation date; another probation violation was filed during that interim after probation would have ended. “Because the sentencing court did not extend probation through a deliberate judicial act, the probation period ended … Thus, the sentencing court lacked authority to revoke probation based on the state’s supplemental allegation.” (Defedant had not absconded; therefore not implicating abscond tolling).
The End of the Subscription Era is Coming
This piece exists thanks to the munificence of my paying newsletter subscribers. If you value you my writing on Medium, joining them is a…