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.
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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