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Utah’s Statutory Scheme For Violation Of Probation Cases


Utah Code section 77-18-1 provides that “[o]n a plea of guilty, guilty and mentally ill, no contest, or conviction of any crime or offense, the court may, after imposing sentence, suspend the execution of the sentence and place the defendant on probation.” Utah Code Ann. § 77-18-1(2)(a) (Supp.2006).

Utah Code section 77-18-1(12)(e)(iii) states, in its entirety: “If probation is revoked, the defendant shall be sentenced or the sentence previously imposed shall be executed.” Utah Code Ann. § 77-18-1(12)(e)(iii).

Once a defendant is sentenced and placed on probation, revocation of probation can result only in “the sentence previously imposed [being] executed.” Id.§ 77-18-1(12)(e)(iii). Utah Code section 77-18-1 distinguishes between “imposing sentence,” which is a necessary prerequisite to probation, and “the execution of the sentence.” Id. at § 77-18-1(2)(a). See Salt Lake City v Jaramillo, 2007 UT App 32, 156 P3d 839, 841-42.

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