Alder v. State

In Alder v. State, 108 S.W.3d 263, 267 (Tenn. Crim. App. 2002), the Court of Criminal Appeals of Tennessee addressed the effect of a similar Tennessee statute, which provided that the court "shall discharge" the defendant at the end of the probationary period if there were no violations of probation. In addressing whether the court had jurisdiction to revoke Alder's probation after the conclusion of the probationary period, the court rejected the State's argument that the court had continuing jurisdiction over a probationer until it issued an order terminating the probation. Id. The court noted that the statute, providing that the court "shall discharge" the defendant, was mandatory, and the court was "without any discretion." Id. In determining that the probation terminated at the conclusion of the designated time period, even without a formal discharge from the trial court, the appellate court stated that, to hold otherwise, would "give the trial court continuing jurisdiction ad infinitum." Id.