STATE v. HOLLEY (2021)

Supreme Court of Louisiana.2021-12-21No. No. 2021-KK-01419

Summary · law.co

Holding. The court granted the writ and reversed the trial court's order reinstating the sex offender registration requirement, holding that once the trial court granted early termination of probation and all conditions on June 29, 2021, it lacked jurisdiction to subsequently reconsider that ruling. The June 29, 2021 order terminating probation and all conditions was reinstated.

The defendant sought early termination of his probation under Louisiana law after serving more than one year. The trial court held a hearing with the state present, and since the state did not object, the court granted the motion and terminated probation along with all conditions, including a sex offender registration requirement. The defendant's sentence was thereby satisfied. However, the trial court later reconsidered and attempted to reinstate the sex offender registration requirement.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Whether trial court retained jurisdiction to reconsider an early probation termination order
Scope of probation termination conditions, including sex offender registration
Effect of state's non-opposition on early probation termination motion

Procedural posture

The defendant filed a writ application challenging the trial court's reinstatement of the sex offender registration requirement after the court had previously granted early probation termination.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

Writ application granted. See per curiam.

Writ granted. Defendant filed a motion pursuant to La.C.Cr.P. art. 897 requesting the court terminate his probation and conditions thereof early. Defendant had served more than one year of probation at that time, and the trial court held a contradictory hearing with the state on the motion, at which point the state expressed no opposition to the motion. The court acted within its discretion when it granted the defendants motion on June 29, 2021, and terminated defendants probation and conditions thereof, including a requirement that defendant register as a sex offender. Defendants sentence was deemed satisfied at that time. La.C.Cr.P. art. 898. As such, the trial court did not have jurisdiction when it subsequently reconsidered its ruling and reinstated the sex offender registration requirement. Accordingly, the ruling of the trial court reinstating defendants sex offender registration requirement is reversed, and the courts prior order of June 29, 2021, terminating probation and all conditions thereof is reinstated.