Look for the expiration date

We had a couple of probation violation appeals in the last couple of weeks that I thought might be worth mentioning.

Patrick H. Dunn won in State v. Snapp-Woods, No. 98,765 (Kan. App. Nov. 21, 2008)(unpublished); the COA reversed and remanded for discharge because a "Consent and Order to Extend Probation" was filed two days after expiration of the probation term. Christina M. Waugh won in State v. Baca, No. 99,124 (Kan. App. Nov. 28, 2008)(unpublished); the COA similarly reversed because an agreed-upon extension had not been completed until after a reinstated term of probation had expired. Even though Mr. Baca had agreed to the extension, the COA held the district court lacked subject matter jurisdiction.

The lesson? Pay attention--whether at the district court or on appeal. Look through the file carefully at prior extensions. It's not enough to have filed an extension within the 30 days after a probation period ended.

[Updates: the state did not file a PR in either case. The mandate issued in Baca on December 31, 2008; the mandate issued in Snapp-Woods on January 5, 2009.]