People v. Tolliver

Defendant, age 17 at time of offenses, was sentenced to 18 months' adult probation, after guilty pleas to 2 charges of aggravated battery in a public place and 1 charge of unlawful restraint. Just under 3 months prior to expiration of term of probation, State sought and was granted leave to file its 3rd petition for violation of probation (VOP). Trial court, without determining whether Defendant violated conditions of his probation, extended the term. One year later, court made probable cause findings for new charges, and State was thereafter granted leave to file a new petition for VOP.The court's continuing and indefinite extensions of probation sentence term, without hearing and determination of a violation, was clear error, and denial of due process. Once the date of a probation term expires and there is an assertion that conditions have been satisfied, absent proof of any alleged violations, petition for VOP can have no continuing tolling effect. The prior unsupported petition for VOP could neither toll the probation term nor as basis for court's probation revocation and imposition of 10-year jail term. (FITZGERALD SMITH and HOWSE, concurring.)