§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.