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CORNISH v. STATE

No. 280, September Term, 1985.

65 Md. App. 213 (1985)

500 A.2d 295

ELAINE CORNISH v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

November 14, 1985.

Attorney(s) appearing for the Case

Gary S. Offutt, Asst. Public Defender, Baltimore (Alan H. Murrell, Public Defender, Baltimore, on the brief), for appellant.

Ronald M. Levitan, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., Kurt L. Schmoke, State's Atty. for Baltimore City and Ruth Finch, Asst. State's Atty. for Baltimore City, Baltimore, on the brief), for appellee.

Submitted before WILNER, ALPERT, and KARWACKI, JJ.

WILNER, Judge.

The law is clear that in order to justify revoking a probation for failure of the probationer to comply with the conditions of the probation, the State must show at least (1) that the violation occurred, and (2) that it occurred after the probation was imposed, i.e., during a period when the probationer was lawfully subject to the condition. See Matthews v. State, 304 Md. 281, 498 A.2d 655...

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