Defendants Denied Early Termination of Probation Win Appeal

Two defendants with good probation records but who were denied early termination of their probation under a blanket policy the judge applied when the only sentence a defendant received was probation are entitled to relief, the Tenth Circuit said Tuesday.

A trial court that fashions an inflexible practice in sentencing contradicts the policy in favor of individualized sentencing, the opinion by Judge Scott M. Matheson Jr. said.

Courts can terminate probation after weighing the applicable statutory factors, the defendant’s conduct, and the interest of justice, the US Court of Appeals for the Tenth Circuit said. Rather than complying with this ...