Poignee v. StateAnnotate this Case
Defendant entered a plea of no contest to one count of delivery of methamphetamine. In 2011, the district court revoked Defendant’s probation and entered judgment on her no contest plea. The court sentenced Defendant to a term of years in prison but suspended the sentence and placed her on supervised probation. Defendant’s probation was set to expire in February 2014, but in January 2014, a probation agent filed a petition to extend her probationary term to August 2015. Defendant filed a document agreeing to the extension but was not represented by counsel. The district court subsequently entered an order extending probation. In February 2015, the State petitioned to revoke Defendant’s probation. Defendant argued that the probation extension had not been handled properly and if the probation extension had not been entered, Defendant’s probation would have expired prior to the February 2015 revocation hearing. The district court ruled that Defendant did not have the right to counsel during her probation extension proceeding. The court then revoked Defendant’s probation. The Supreme Court affirmed, holding that Defendant’s challenge to the probation extension entered more than one year before her probation was revoked was time barred.