State v. M.R.T.

The state petitions for a writ of certiora-ri to review the trial court’s order terminating probation. We grant the petition and quash the order terminating probation, because the trial court was without jurisdiction to modify the defendant’s sentence of probation during the pendency of an appeal.

M.R.T., a juvenile, was found guilty of battery, adjudicated delinquent, and placed on probation for one year. M.R.T. filed a timely notice of appeal on October 23, 2002. On March 6, 2003, while M.R.T.’s appeal was pending, the trial court granted M.R.T.’s motion to terminate probation.

The authority…