State v. Miller

Defendant appeals a judgment revoking his probation and imposing a sentence of incarceration. Defendant contends that the court lacked jurisdiction to revoke his probation because the revocation proceedings started after his probation period ended. We review a trial court’s revocation of probation for errors of law. State v. Bryant, 233 Or 459, 378 P2d 951 (1963); State v. Stuve, 111 Or App 197, 826 P2d 24, rev den, 313 Or 300 (1992). We agree with defendant and vacate the judgment.

On November 9, 2001, defendant was convicted of the crime of burglary and was sentenced to 36 months’ probation.…