State v. Holmberg

—The State appeals from the trial court's order dismissing its petition to revoke Robert Holmberg's probation.

The issue on appeal is whether the court may modify or revoke the defendant's probation for misconduct occurring after the expiration of the probationary term but before the entry of an order terminating probation. We conclude that although the court's jurisdiction to entertain petitions to modify or revoke probation continues until such time as an order terminating probation is entered, the modification or revocation of probation can be based only on proscribed conduct that occurs…