State v. Vanlieu, 251 Or. App. 361

Defendant was convicted of criminal mischief in the first degree and unlawful possession of a controlled substance in 2001, each with an 18-month probationary term.
On July 7, 2002, the court extended probation for six months to January 8, 2003.
December 27, 2002, the court issued a show-cause order alleging probation violations but did not direct an arrest warrant; it ordered defendant to cite into court on 12/30/02.
Defendant appeared, counsel was appointed, and a hearing on the show-cause order was continued; defendant later failed to appear, leading to warrants for arrest.
Arrests and hearings occurred over years, with amendments to the show-cause order in 2010 alleging post-January 8, 2003 violations, and a 2010 hearing resulting in probation revocation.
The court revoked probation in 2010 based on the amended allegations, not on the original post-12/02/02 allegations about unpaid financial obligations.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did lack of an arrest warrant before January 8, 2003 affect jurisdiction?	State argues jurisdiction preserved by timely initiation under showed-cause/warrant framework.	Brewer contends no arrest warrant before expiration limited authority to revoke after expiration.	First argument rejected; proceedings properly commenced and jurisdiction preserved.
May probation be revoked based solely on post-expiration conduct when no extension was made?	State contends probation may be revoked for post-expiration conduct if initiated timely.	Brewer asserts lack of authority to revoke based on post-expiration conduct without extension.	Court lacked authority to revoke based solely on post-expiration conduct; reversed.

State v. Lindquist, 192 Or App 498 (2004) (probation violation proceeding commenced by show cause and arrest during probation; warrant execution not necessary for commencement)
State v. Stuve, 111 Or App 197 (1992) (show-cause initiation can preserve jurisdiction; arrest warrant alone may suffice in some contexts)
State v. Lopez, 30 Or App 687 (1977) (show-cause order within probationary period preserves jurisdiction to revoke after expiration)
Bryant v. State of Oregon, 233 Or 459 (1963) (arrest warrant during probation preserves jurisdiction to proceed after term; probation cannot be deemed extended by mere passage of time)
State v. O’Neal, 24 Or App 423 (1976) (revocation improper where initiating order issued after probation expired; timing matters)
State v. Miller, 224 Or App 642 (2008) (show-cause or warrant timing matters; absconding can affect extension; separate considerations apply)
State v. Ludwig, 218 Or 483 (1959) (arrest warrant during probation preserves jurisdiction to proceed)
State v. Stanford, 100 Or App 303 (1990) (probation extension may be appropriate where show-cause timely filed before expiration)