PROBATION CASELAW GUIDE
<p>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. <em>State v. O’Neal</em>, 24 Or App 423 (1976); <em>See also State v. Larson II</em>, 314 Or App 576 (2021). In <em>State v. LaCoe</em>, 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).</p>
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