State v. Grabinski

The opinion of the court was delivered by

SHEBELL, J.A.D.

The issue presented in this appeal is what action constitutes “[t]he commencement of a probation revocation proceeding” so as to toll a probationary period pursuant to N.J.S.A. 2C:45-3c. We hold that the formal filing with the court of a petition or complaint by a probation officer constitutes commencement of a probation revocation proceeding within the contemplation of the statute. We therefore reverse and remand.

Defendant, Anna Grabinski, pleaded guilty on June 25, 1986 to one count of distribution of marijuana and one count of…