Opinion No. (1986)

Dear Mr. Moore:

This letter is in response to a question posed by your predecessor in office asking:

1. Is it permissible, as we believe, for a sentencing judge, who has suspended the imposition of a defendant's sentence and given the defendant 5 years probation, to, at the end of the first probation term, assess a sentence but suspend the execution of that sentence and assess a second 5 year probation term?

2. Can a sentencing judge suspend the execution of a sentence, give a 5 year probation, and again suspend execution and give a second 5 year probation?

3. If your answer to 1 and 2 is "No",…