State v. Bennett

Hill, J.:

Wynona L. Bennett contends that a delay of more than 2 years between the issuance of a probation violation warrant and her arrest on that warrant is unreasonable. She argues such a delay is a waiver of her probation violation by the State and therefore the district court erred when it extended her probation. Because the facts show that the State did not conduct a reasonable investigation in order to find Bennett, and following prior cases, we hold that the revocation and reinstatement of Bennett’s probation violated her due process rights. We reverse and remand with directions.

Facts…