State v. Nones, 11 P.3d 709 (Utah. Ct. App. 2000)

Cases | State v. Nones, 11 P.3d 709 (Utah. Ct. App. 2000) | 2018

The defendant was sentenced to one year of probation, conditioned upon payment of restitution, after being convicted of criminal mischief. The trial court eventually revoked and reinstated her probation for one year. Later that year, the trial court accepted the recommendation of the Adult Probation and Parole Department that it monitor collection of the remaining restitution. The defendant filed a pro se motion for review of the restitution order, arguing that her probation had expired as a matter of law and because it had not been extended under section 77-18-1, the trial court did not have jurisdiction to enforce its restitution order. The trial court denied the motion and the defendant appealed. The court of appeals held that, sections 76-3-201 and 76-3-201.1 grant the trial court retained jurisdiction and, though the trial court did not extend her probation, it retained jurisdiction over her for the collection of restitution. The order was affirmed.