Utah § 39A-5-233 Probation violation -- Hearing -- Counsel -- Execution of suspended sentence.

Utah Statutes

§ 39A-5-233 — Probation violation -- Hearing -- Counsel -- Execution of suspended sentence.

Utah § 39A-5-233

Title 39ANational Guard and Militia Act

Ch. 39A-5Utah Code of Military Justice

Part 39A-5-2Military Courts

This text of Utah § 39A-5-233 (Probation violation -- Hearing -- Counsel -- Execution of suspended sentence.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 39A-5-233 (2026).

Text

(1)Probation imposed as a result of a suspended sentence may be vacated by the convening authority.

(2)(2)(a) Before a suspended military court sentence may be vacated, the officer holding convening authority jurisdiction over the probationer shall hold a hearing on the alleged violation of probation.

(2)(b) The probationer shall be represented by counsel at the hearing.

(3)(3)(a) The record of the hearing and the recommendation of the officer having jurisdiction shall be sent for action to:

(3)(a)(i) the governor in cases involving a military court sentence of confinement; or

(3)(a)(ii) in all other cases, to the commanding officer of the National Guard unit of which the probationer is a member.

(3)(b) If the governor or commanding officer vacates the suspension, any unexecuted part of

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(1) Probation imposed as a result of a suspended sentence may be vacated by the convening authority.
(2) (2)(a) Before a suspended military court sentence may be vacated, the officer holding convening authority jurisdiction over the probationer shall hold a hearing on the alleged violation of probation.
(2)(b) The probationer shall be represented by counsel at the hearing.
(3) (3)(a) The record of the hearing and the recommendation of the officer having jurisdiction shall be sent for action to:
(3)(a)(i) the governor in cases involving a military court sentence of confinement; or
(3)(a)(ii) in all other cases, to the commanding officer of the National Guard unit of which the probationer is a member.
(3)(b) If the governor or commanding officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed.
(4) The suspension of any other sentence may be vacated by any authority for the command in which the accused is serving or assigned that is competent to convene a court that imposed the sentence.