How a Revoked Probation Effects Probation Terms

State v. Moore
Arizona Court of Appeals, Division One, Department C
April 1, 1986

Holding: When a defendant’s probation is revoked, all the terms of his probation, including restitution, are revoked as well.

Why This Case is Important: A trial court cannot revoke a defendant’s probation, and later, impose an order to pay the restitution owed for the case. Once probation is revoked, the defendant’s duties that were imposed by the terms of the probation are also revoked; in other words, the condition to pay restitution and other fines are also revoked. This is because the order to pay restitution cannot exist on its own. Such an order must be given upon imposition of a sentence. If the court does not enter a sentence, then the court cannot impose an independent order to pay restitution. This case is a clear demonstration of this rule.

It is also important to note that the court of appeals in this case held that a trial court does not have authority to terminate probation because of unsuccessful completion. Probation may be terminated by motion of the court or the defendant if it is in the interests of justice. In other words, it may be terminated where the defendant has shown he is rehabilitated. This arises from the purpose of why probation is granted, which is to encourage rehabilitation and a defendant’s normalization into society as a law-abiding citizen.

Facts of This Case: On January 11, 1985, the defendant pleaded guilty to attempted burglary. The defendant was placed on four years of probation and was required in the terms of his probation to pay restitution in the amount of $500.00. During the probationary period, the defendant was found guilty of assault, and was sentenced to two years of prison. A petition was subsequently filed to revoke his probation, and on February 22, 1985, the trial court ordered that defendant’s probation be revoked because it was unsuccessfully completed. The court also ordered that the defendant pay the $500.00 fine for restitution.

The defendant appealed the order to pay restitution. The Arizona Court of Appeals reversed the trial court’s order to pay the $500.00 fine. The Court of Appeals determined that once the defendant’s probation was revoked, the terms and conditions of his probation were revoked as well. This included the condition to pay $500.00 in restitution. Moreover, the Court of Appeals held that restitution could not exist independent of a sentence. Because the trial court did not impose a sentence for the probation revocation, then it could not subsequently order the defendant to pay the $500.00 in restitution.

The Court of Appeals also held that it was improper for the trial court to terminate the defendant’s probation because probation had been unsuccessfully completed. The appeals court reasoned that probation could only be terminated where it can be shown that the defendant has indeed been rehabilitated.

As a result, the Court of Appeals vacated the trial court’s order to pay restitution and remanded the case back to the trial court for proper sentencing.

Key Language: When the court revoked appellant’s probation, that action revoked all of the terms and conditions of the probation, including restitution. There is no statutory authority allowing the imposition of restitution independent of any other sentencing provision. Restitution by itself cannot stand alone, but must be part of a sentence, and the court never entered a sentence after the revocation of probation.

Expert Advise: “In Arizona, once probation is revoked or terminated, for whatever cause, then all of its terms and conditions are revoked as well. This is important for those persons who can show that they are rehabilitated, and thereby eligible for early probation termination. Once the court grants a petition for probation termination, then all conditions imposed, including payment of restitution, that are terms of the probation will also be revoked.” -Attorney Mathew Higbee

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