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Courts Authority Limited to Revoke a Deferred Sentence

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On February 9, 2006 the defendant pleaded guilty in exchange for a 4 year deferred judgment and sentence.  “Provisionally,” the court accepted the plea and stated it would decide whether to accept the plea after a psycho-sexual eval.  On July 5, 2006 the court accepted the plea and imposed the DJS.  On July 1, 2010 probation filed a petition to revoke and after a hearing the trial court revoked the DJS.

Courts Limited Authoirty To Revoke Sentences

On appeal the COA ruled the trial court lacked jurisdiction to revoke the DJS since the petition to revoke was file more than 4 years and 30 days after February 9, 2006.  As a matter of first impression, the COA interpreted the following language of 19-1.3.102(1) literally:

In any case in which the defendant has entered a plea of guilty, the court accepting the plea has the power … to continue the case for a period not to exceed four years from the date of entry of a plea to a felony .

As such, the key date is the date the plea is entered and not the date the sentence is imposed.

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