State v. Ellis – when probation is consecutive to parole

In State v. Ellis, decided May 16, 2012, the Supreme Court held that when a circuit court judge orders a consecutive sentence, with the language, “probation to begin after sentence now serving,” the term of probation begins not after the completion of active incarceration, but after the end of any parole that the person serves following their incarceration.

Ellis was sentenced under the YOA in 1997 as well as a non-YOA sentence of 15 years suspended to 5 years probation, to begin “after sentence now serving;” his YOA conditional release supervision ended in 2004, therefore his 5 year term of probation did not end until 2009, the probation department could issue a warrant for violation of probation in 2008, and the circuit court could revoke his probation and send him back to prison.

Nothing too exciting here.  Sucks for Mr. Ellis – minimal jail time on the front end, but he was still under supervision and subject to a potential 15 year revocation 10 years down the road.

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