Until recently, our office & Courts thought the rule on SJF probation cases was that the DF's probation could only be extended once. Does anyone else have courts that adhere to that rule? If so, where does the rule come from?
Art. 42.12 of every CCP from the most recent back to '93 that we've looked at seems to allow more than one extension:
42.12, Sec. 15(b) says a judge may extend at any point during the probation.
42.12, Sec. 22(c) says CONTINUATIONS or MODIFICATIONS can happen at any time as long as 1-3rd degrees don't exceed 10yrs.
42.12, Sec. 22A says in sex cases there may only be one extension
Is there case law out there that controls the one-time rule? Any help would be greatly appreciated.
I believe that Art. 42.12 Sec.15(b) controls since it deals with SJF cases.There does not appear to be a limit on the number of extensions as long as it does not go beyond a total of 10 years.
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001
I believe that Art. 42.12 Sec.15(b) controls since it deals with SJF cases. There does not appear to be a limit on the number of extensions as long as it does not go beyond a total of 10 years.
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001