Legal Opinion

State v. Chacon

Court of Appeals of Arizona

Decided May 7, 2009No. 1 CA-CR 08-0104PublishedCited by 4 opinions

1Opinion of the Court

OPINION

OROZCO, Judge.

¶ 1 Joseangel 1 Chacon (Defendant) appeals the superior court finding of a probation violation and disposition. The question before us is whether the petition to revoke probation was filed before Defendant’s probation expired, and if not, whether the failure to file the petition, before the expiration of probation', divested the court of jurisdiction. Because the petition to revoke was not filed, the court lacked jurisdiction. Therefore, we vacate the finding of a probation violation and related sentence.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 Defendant pled guilty to…

2Cases cited11 opinions

  1. United States v. CottonSupreme Court of the United States · 2002
  2. Gomez v. United StatesSupreme Court of the United States · 1989
  3. Eldridge Lovelace v. Linda DallCourt of Appeals for the Seventh Circuit · 1987
  4. Alder v. StateCourt of Criminal Appeals of Tennessee · 2002
  5. State v. FloresCourt of Appeals of Arizona · 2008

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3Cited by4 opinions

  1. State v. PayneCourt of Appeals of Arizona · 2009
  2. State of Arizona v. Payne Nelson DanielsCourt of Appeals of Arizona · 2009
  3. State v. JonesCourt of Appeals of Arizona · 2017
  4. State v. TurnerCourt of Appeals of Arizona · 2016

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