State v. Cookman

The circuit court violated the requirements of W.Va. Code 62-12-11 by imposing a second five-year probationary period upon Petitioner. Petitioner was convicted of petit larceny and received a five-year probationary period. The initial probation period commenced on March 24, 2011. On February 10, 2016, approximately one month before Petitioner’s five-year probation period was set to expire, the State filed a motion to revoke probation, contending that Petitioner had failed to make his required restitution payments. Petitioner admitted to the violation. The circuit court subsequently revoked Petitioner’s probation by order dated March 16, 2016 and imposed a second five-year probation period. Petitioner argued that the circuit court had violated section 62-12-11 by extending his probation beyond the original five-year period. The Supreme Court agreed, holding that the restrictions of section 62-12-11 prohibited the circuit court from imposing a second five-year probationary period. View "State v. Cookman" on Justia Law