State v. Grate

GREENWOOD, Judge:

Appellant, Scott L. Grate (Grate), appeals the denial of his 1996 Motion to Correct an Illegal Sentence, claiming that the trial court lacked jurisdiction to revoke his probation under Utah Code Ann. § 77-18-l(8)(a) (Supp.1988). We reverse.

BACKGROUND

The pertinent facts in this case are undisputed. On December 19, 1986, Grate pleaded guilty to one charge of theft, a second degree felony. On January 16, 1987, Grate received a suspended sentence of one to fifteen years and. was placed on eighteen months probation.

On June 12, 1987, Adult Probation & Parole (AP & P) filed an…