Dismissal of Revocation Proceedings That Were Timely and Properly Initiated Because Hearing Occurred After Expiration of Probation is Erroneous

State v. Sagataw, Minn.Ct.App., 3/6/2017.  Mr. Sagataw was on probation for a term of one year for something, doesn't matter. Within that year the state commenced a revocation action based on new convictions.  Ms. Sagataw made her initial appearance a couple of weeks after the term of probation expired, and the actual hearing on the revocation didn't occur for another couple of months.  At that hearing the district court dismissed the revocation action, concluding that because Ms. Sagataw's probation term had not been extended the court had no jurisdiction.

The court of appeals rejects this conclusion.  On appeal Ms. Sagataw conceded that the trial court had retained jurisdiction; there's a statute for that.  Minn.Stat. 609.14, subd. 1(b).  Instead, she argued that the trial court had discretion to dismiss the proceedings and to discharge her from probation.  While the trial court had such discretion, in this case it exercised it for the wrong reason, the timing of the hearing.