State v. LaraState v. Lara
{1} Defendant appeals from the trial court’s Order for Unsatisfactory Discharge from Probation (Order). The issue raised by Defendant’s appeal is whether the trial court had jurisdiction to enter the Order after the expiration of the probationary period without a prior revocation of probation. We reverse.
BACKGROUND FACTS
{2} Defendant was convicted of driving while intoxicated (DWI), second or subsequent offense. He entered a no contest plea to the charge and was sentenced to 364 days in the county jail, which was suspended except for time served. Defendant was placed on probation for the remainder of time, which was due to expire March 9,1999.
{3} While on probation for the DWI charge, Defendant pleaded guilty to disorderly conduct. After learning that Defendant had been arrested and convicted on separate charges, the State filed a Motion for Unsatisfactory Discharge from Probation on February 17, 1999. Prior to the expiration of Defendant’s probation term, the trial court ordered Defendant to appear for a hearing on the completion of his probation. On March 15, 1999, following the expiration of Defendant’s probation term, the trial court entered its Order finding Defendant had unsatisfactorily completed his probation. Defendant appeals from the Order.
DISCUSSION
{4} Both parties agree that the trial court’s authority in this matter is governed by
Whenever the period of suspension expires without revocation of the order, the defendant is relieved of any obligations imposed on him by the order of the court and has satisfied his criminal liability for the crime. He shall thereupon be entitled to a certificate from the court so reciting such facts, and upon presenting the same to the governor, the defendant may, in the discretion of the governor, be granted a pardon or a certificate restoring such person to full rights of citizenship.
“Interpretation of a statute is an issue of law, not a question of fact. We review questions of law de novo.” State v. Rowell,
{5} Defendant argues the trial court lacked jurisdiction to impose a sanction, to order him to appear in court, or to rule on the nature of his compliance with the conditions of his probation, after the term of probation expired. He contends his probation term expired without a revocation of the order of probation, and he was entitled to the issuance of a certificate under the statute. Defendant asserts the trial court’s jurisdiction
{6} When interpreting a statute, we bear in mind that
[t]he main goal of statutory construction is to give effect to the intent of the legislature. To do this, we look to the object the legislature sought to accomplish and the wrong it sought to remedy. The words of a statute ... should be given their ordinary meaning, absent clear and express legislative intention to the contrary.
Id. (citations and internal quotation marks omitted).
{7} The statute further states that once the period of suspension expires without revocation of probation, the defendant “shall thereupon be entitled to a certificate” of satisfactory completion.
{8} The State’s argument requires a strained construction of
{9} Contrary to the State’s contention, it is not necessary to wait until after the probation term ends to evaluate the probationer’s performance. The State can pursue a certificate of unsatisfactory completion as soon as it becomes aware of a probationer’s violation. The statute governing the return of a probation violator states “[a]t any time during probation: ... the court may issue a notice to appeal to answer a charge of violation.” See
{10} In Travarez, this Court addressed a similar issue under
{11} Here, the period of suspension had expired without revocation of the order at the time the trial court entered its finding of unsatisfactory completion. The State filed its Motion for Unsatisfactory Discharge from Probation on February 17, 1999, before Defendant’s term of probation was due to expire March 9, 1999. However, the motion was neither heard nor ruled upon until March 15, 1999, after the period of suspension had expired. Under Travarez, completely serving a deferred sentence satisfies a defendant’s criminal liability for a crime, and the trial court lacks further jurisdiction over the defendant, even though the motion to revoke the sentence has already been filed. We see no reason for a different result in this ease. Insofar as the State contends Defendant was not punished in any way, and therefore, Travarez is inapplicable, we disagree. Contrary to the statute, Defendant was given an unsatisfactory discharge when he was entitled to a certificate of satisfactory discharge. See
{12} Therefore, we hold that the trial court is without jurisdiction to enter an order of unsatisfactory completion after the probation period ends. If the State seeks a certificate of unsatisfactory completion, it must obtain an order of the court prior to the end of the defendant’s probation term.
{13} Our holding is supported by analogous authority in New Mexico. See State v. Gaddy,
{14} In addition, Defendant asserts the trial court’s entry of unsatisfactory completion violates his due process rights. He argues that an order of unsatisfactory discharge from probation has the effect of materially delaying and restricting his right to apply for an executive pardon, and therefore, implicates his due process rights. See State v. Carrasco,
{15} Based on the foregoing, we hold the trial court lacked jurisdiction to order Defendant to appear or to enter the order of unsatisfactory completion after Defendant had completed his probation term. We reverse and remand with instructions to enter a certificate of satisfactory completion.
{16} IT IS SO ORDERED.