AGO Opinion Topics: PROBATION WHERE EXECUTION SENTENCE SUSPENDED

(1) A court may dismiss a conviction of a felony and discharge a defendant who has been granted probation pursuant to chapter 227, Laws of 1957, where the execution of a sentence had been suspended. (2) There is no conflict between RCW 9.92.060 and RCW 9.95.200.  The probation procedure (RCW 9.95.200) is available after conviction of any crime and the suspended sentence procedure in RCW 9.92.060 is available whenever any person has been convicted of any crime except murder, burglary in the first degree, arson in the first degree, robbery, carnal knowledge of a female child under age of 10 or rape. (3) The provision in RCW 9.92.060 which provides that a probationer shall be placed under the charge of a parole officer who is the duly appointed and acting officer of the institution to which the person is sentenced is mandatory and cannot be ignored.