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State v. Vanlieu

Summarized by: 

Date Filed: 07-25-2012
Case #: A146157
Brewer, P.J. for the Court; and Haselton, C.J.
Full Text Opinion: http://courts.oregon.gov/Publications/A146157.pdf

Criminal Procedure: When a trial court fails to use its statutory discretion to extend a probationary period, it cannot revoke probation based on conduct which occurred after the original probationary period was set to expire.

Defendant appealed the revocation of his probation based on two arguments. First, Defendant argued that the trial court failed to issue a warrant for his arrest during his probation term. Second, Defendant argued that the trial court erred in entering the judgement because it occurred after his probation had expired. The cause of Defendant's probation stems from an minor convictions in 2001. When Defendant failed to pay a court ordered fine, the court extended his probation 6 months in 2002. Defendant then failed to appear in court, and the court issued a warrant for his arrest. Defendant failed to appear in court again, and was finally arrested seven years later in 2010. The Court of Appeals found that if a trial court simultaneously orders a show cause order and an arrest warrant, the two are timely enough to commence a probation violation if issued during the probationary period. However, because the State never moved to extend Defendant's probation, and the trial court also did not exercise discretion to do so under ORS 137.545(1)(a), the court's authority was limited to the period of Defendant's probation. Reversed.