7 results for 'cat:"Probation" AND cat:"Jurisdiction"'.
Per curiam, the court of appeals dismisses defendant's appeal. Convicted by a no-contest plea for meth possession, defendant's community supervision was revoked and then dismissed on appeal for deprivation of right to counsel. The trial court then denied defendant's motion to reinstate. The court of appeals does not have jurisdiction when the trial court's order does not adjudicate guilt or acquittal.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 10, 2024, Case #: 09-24-00086-CR, Categories: Drug Offender, probation, jurisdiction
J. Broniec finds that the lower court improperly granted defendant's habeas petition and ordered defendant released from prison after finding the probation court lacked authority to revoke defendant's probation after the probationary period expired. The probationer bears the burden of demonstrating the probation court failed to make every reasonable effort to conduct the revocation hearing prior to the expiration of the probationary period, and the record does not show defendant objected to the scheduling of a hearing after his term expired. Reversed.
Court: Missouri Court Of Appeals, Judge: Broniec, Filed On: August 8, 2023, Case #: ED111501, Categories: probation, jurisdiction
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Fineman holds that the trial court lacked jurisdiction to revoke defendant's probation after finding that his misconduct violated its terms. The statutory reduction in the maximum probationary term from five to two years retroactively modified his probationary period, so misconduct that occurred after the end of that period was not a violation of probation. Reversed.
Court: California Courts Of Appeal, Judge: Fineman, Filed On: July 6, 2023, Case #: A164649, Categories: Burglary, probation, jurisdiction
J. Stratton finds that the trial court properly held that it lacked jurisdiction to hear defendant's motion to withdraw a no contest plea after finishing probation on an assault conviction. Though full jurisdiction was transferred to the county where his probation was supervised, the trial court in the county where he was tried, convicted and sentenced maintained jurisdiction over non-probation matters, including the motion to withdraw the plea. Affirmed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: July 3, 2023, Case #: B315243, Categories: Criminal Procedure, probation, jurisdiction