State of Utah v. Hall

----ooOoo----

State of Utah,
Plaintiff and Appellee,

v.

Diana Hall,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000847-CA

F I L E D
December 29, 2000 2000 UT App 384 -----

Second District, Ogden Department
The Honorable W. Brent West

Attorneys:
Jerald Engstrom and Maurice Richards, Ogden,
for Appellant Jan Graham and Kris C. Leonard,
Salt Lake City,for Appellee -----

Before Judges Greenwood, Davis, and Thorne.

PER CURIAM:

Hall contends that the trial court lacked jurisdiction to revoke and restart her probation on January 8, 1997. We disagree. Pursuant to Utah Code Ann. § 77-18-1(12) (1999), (a) (i) Probation may not be modified or extended except upon waiver of a hearing by the probationer or upon a hearing and a finding in court that the probationer has violated the conditions of probation.

(ii) Probation may not be revoked except upon a hearing in court and a finding that the conditions of probation have been violated. In State v. Martin, 1999 UT App 62, 976 P.2d 1224, this court determined that by knowingly and voluntarily waiving a probation hearing, a probationer waives procedural protections enumerated in section 77-18-1(12)(b) to (e). Martin, 1999 UT App at ¶¶10-12. "[A] probationer may waive his constitutional due process rights, provided the waiver is knowing and voluntary." Id. at ¶12. In other words, "a probationer may either elect to have a hearing--or may waive his right to a hearing, thereby losing the procedural protections under the statute." Id. at ¶9. In this case, Hall knowingly and voluntarily waived her rights after discussing them with the trial court. Thus, she cannot contest whether the State served her with a warrant or an order to show cause.

Accordingly, the trial court's order denying Hall's motion to correct illegal sentence is affirmed.
 
 
 

______________________________
Pamela T. Greenwood,
Presiding Judge
 
 
 
 

______________________________
James Z. Davis, Judge
 
 
 

______________________________
William A. Thorne, Jr., Judge