State v. Brooks

OPINION

KLEINSCHMIDT, Judge.

This case presents the question, among others, of whether the trial court has the power to vacate an order terminating probation that was entered by mistake. We hold that it does.

The issue arose in the following manner. The defendant, Tony Ramon Brooks, pled guilty to endangerment, a Class 6 open-end offense. Judge E.G. Noyes, Jr., of the Superior Court for Maricopa County, placed the defendant on probation fór a period of three years. Subsequently, on July 23, 1987, the defendant’s probation officer petitioned for an early termination of probation on the grounds…