Narrative Opinion Summary
Appellant, convicted of grand theft (a third-degree felony), was initially sentenced to three years of probation and required to pay restitution. Following an injury that prevented him from making restitution payments, the trial court found he did not violate his probation during the two years of his injury. However, the court extended his probation for an additional two years. Appellant challenged this extension, and the State acknowledged the extension was inappropriate, referencing Swift v. State, which establishes that the maximum probation period cannot exceed the maximum incarceration term for the offense. The appellate court concurred with the appellant's argument and reversed the trial court's modification order dated June 16, 1989. Judges BOOTH, WIGGINTON, and BARFIELD concurred in the decision.
Legal Issues Addressed
Extension of Probation Periodsubscribe to see similar legal issues
Application: The appellate court determined that the trial court's extension of the probation period was inappropriate as it exceeded the statutory maximum allowed for the offense.
Reasoning: The State acknowledged the extension was inappropriate, referencing Swift v. State, which establishes that the maximum probation period cannot exceed the maximum incarceration term for the offense.
Modification of Probation Termssubscribe to see similar legal issues
Application: The appellate court found that the trial court's order to extend probation was inconsistent with legal principles governing probation terms.
Reasoning: The appellate court concurred with the appellant's argument and reversed the trial court's modification order dated June 16, 1989.
Restitution and Probation Compliancesubscribe to see similar legal issues
Application: The trial court recognized that the appellant did not violate probation terms during the injury period, despite non-payment of restitution.
Reasoning: Following an injury that prevented him from making restitution payments, the trial court found he did not violate his probation during the two years of his injury.