State v. Rue
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The Supreme Court affirmed the judgment of the court of appeals reversing the judgment of the trial court terminating Defendant's community control and sentencing him to a two-year term of incarceration, holding that the trial court lacked the authority to conduct these community-control-revocation proceedings.
On June 5, 2017, Defendant's community control sentence was due to expire. On September 12, 2018, the trial court revoked Defendant's community control and ordered him to serve a two-year prison term. The court of appeals reversed, holding that the trial court did not have the authority to conduct the revocation proceedings because notice of the violations and commencement of the proceedings did not occur before the expiration of Defendant's community control term. The Supreme Court affirmed, holding that the trial court lacked the authority to revoke Defendant's community control and sentence him to a term of imprisonment because the revocation proceedings were not commenced before the expiration of Defendant's community control term.
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