In Re Bolley

Opinion

REYNOSO, J.

At issue in this proceeding on petition for writ of habeas corpus is whether a trial court may require, as a condition of probation, a criminal defendant to waive the statutory maximum period of probation. We hold that it may not. Accordingly, we issue a writ of habeas corpus directing the trial court to vacate its decision denying petitioner’s application for probation and to grant petitioner a new hearing on his application for probation.

Petitioner Gary Calvin Bolley was charged with various felony counts arising out of alleged sexual activity with his adopted daughters.…