State ex rel. Weaver v. Martinez, ED 103888
| Decision Date | 02 February 2016 |
| Docket Number | No. ED 103888,ED 103888 |
| Citation | 481 S.W.3d 127 |
| Parties | State of Missouri, ex rel. Jessica A. Weaver, Relator, v. Honorable Sandy Martinez, Circuit Judge, Division 1, Twenty–Fourth Judicial Circuit, Respondent. |
| Court | Missouri Court of Appeals |
Ryan A. Martin, Liberty Office Park, 400 N. Washington, Suite 232, Farmington, Missouri 63640, for Relator.
Jerrod D. Mahurin, 1 North Washington, Suite 301, Farmington, Missouri 63640, for Respondent.
Relator Jessica Weaver (Relator) seeks a writ of prohibition against the Honorable Sandy Martinez (Respondent) to prohibit Respondent from conducting a probation revocation hearing to determine whether Relator violated a third term of probation. Relator asserts that the trial court had no authority to place her on a third term of probation because Missouri law permits only two. Respondent did not file a response. The facts and law are clear. In the interest of justice and as permitted by Rule 84.24, we dispense with a preliminary order and oral argument and issue our permanent writ of prohibition.
In 2011, Relator pleaded guilty to two counts of the class B felony of sale of a controlled substance. She was sentenced to two concurrent prison terms of 12 years. Execution of those sentences was suspended, and Relator was placed on probation for five years.
In March 2012, Relator's probation was revoked and her sentences were executed under § 559.115, meaning that Relator was placed in an institutional treatment program.
In June 2012, Relator was released from the program and placed on a second term of probation for five years.
In April 2013, Relator's probation was revoked again, and her sentences were executed under § 217.362 contemplating a long-treatment drug program. However, in June 2013, it was discovered that Relator did not qualify for that program, so the trial court again executed Relator's sentences pursuant to § 559.115 for her return to an institutional treatment program.
In October 2013, Relator was released from the program, and the trial court placed her on a third term of probation. In 2015, Relator filed a motion for discharge from probation, asserting that Missouri law authorizes only two terms of probation. Respondent denied that motion in November 2015 and ordered Relator to appear for a probation violation hearing.
Under § 559.036.5 and established Missouri precedent, a court may impose a new term of probation only once. State ex rel. Mo y er v....
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State ex rel. Griffith v. Precythe
...authority to revoke a defendant’s term of probation only one time if the probationary terms are violated. State ex rel. Weaver v. Martinez , 481 S.W.3d 127, 128 (Mo. App. E.D. 2016).In this case, pursuant to the applicable statutory guidelines, the circuit court had authority to place Griff......
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State ex rel. Sampson v. Hickle
...court has the authority to revoke a defendant’s probation once if the probationary terms are violated. State ex rel. Weaver v. Martinez , 481 S.W.3d 127, 128 (Mo. App. E.D. 2016) ; section 559.036.5.Pursuant to section 559.036.4(1), "if a continuation, modification, enlargement or extension......
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Hicks v. Steele
...he would be released. However, Petitioner could not be released on a third term of probation. See, Sstate ex rel. Weaver v. Martinez, 481 S.W.3d 127, 128 (Mo. App. E.D. 2016) Yet, he waived his probation revocation hearing because he believed he would be released on a third term of probatio......