State v. Allmendinger

I respectfully dissent.

The issue here is whether a court in this State has authority to extend the probationary period beyond the maximum period of imprisonment or incarceration for an offense. I do not believe our courts have such authority, without a legislative act *1122specifically investing them with power to do so.1

The two principal pertinent statutes in this matter are: Utah Code Annotated Sec. 77-35-17 (1953) which provides:

Upon a plea of guilty or conviction of any crime or offense, if it appears compatible with the public interest, the court having jurisdiction may suspend the imposition…