Barry L. Jordan v. Honorable Patrick Flynn

Writ of Prohibition Relator, Barry Jordan, filed a petition for writ of prohibition to prevent respondent, the Honorable Patrick Flynn, Associate Circuit Judge of Lincoln County, from proceeding with a probation revocation hearing. Relator contends respondent lacks jurisdiction to revoke his probation because its two-year term limit expired before a request for revocation was filed. This Court issued a preliminary order in prohibition to determine, as a matter of law on undisputed facts, whether respondent circuit Judge has jurisdiction to hold a probation revocation hearing. We hold there is no jurisdiction. On February 11, 1992, Relator was placed on two-year supervised probation for the misdemeanor violation of Driving While Intoxicated First Offense. On March 30, 1992, respondent ""suspended"" Relator's probation due to alleged violations of the conditions of probation. The court held a hearing. Relator admitted violating the conditions of probation. The court sentenced Relator to serve fifteen days of ""shock time"" commencing November 11, 1992.