706-631 Probation is a final judgment for other purposes. A judgment sentencing a defendant to be placed on probation shall be deemed tentative, to the extent provided in this chapter, but for all other purposes shall constitute a final judgment. [L 1972, c 9, pt of 1; am L 1986, c 314, 32]

 

COMMENTARY ON 706-631

 

This section is addressed to the question of finality inherent in every disposition involving suspension of sentence or sentence to probation. As 706-625 and 628 indicate, the conditions of suspension or probation may be modified or the disposition itself may be revoked. These features of suspension or probation are, of course, necessary in order that the sentencing authority can maintain control over the disposition. However, merely because the sentencing court maintains some continuing flexibility with respect to the disposition, the conviction and disposition should not be regarded as lacking finality for other purposes such as constituting a judgment for purposes of appeal and a prior conviction for purposes of extended imprisonment.

This section, therefore, provides that a suspension of sentence or sentence to probation shall be deemed tentative to the extent provided in chapter 706, but for all other purposes such disposition shall constitute a final judgment.

 

 

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