must obtain an order of the court prior to the end of the defendant’s probation term.”). However, our Legislature has provided an exception. Under Section 31-21-15(C), a court may effectively toll the probationary term for the time a probationer is found to be a fugitive from justice. A probationer is a fugitive when the State can prove either that it unsuccessfully attempted to serve a warrant on the probationer, or any such attempt would have been futile. Jirnenez, 2004-NMSC-012, ¶ 8- {9} Under our case law, a district court retains jurisdiction for the purpose of applying Section 31-21-15(C) when a fugitive probationer is arrested and brought before the court after the expiration of the original term of probation. See State v. Apache, 1986-NMCA-051, ¶ 12, 104 N.M. 290, 720 P.2d 709 (<HOLDING>). This case presents a related question.
holding that judge could rely on presentenee report to determine that defendant was on probation at the time of the offense but declining to base this holding the theory that probation is derivative of criminal history holding defendant cannot establish prejudice merely by alleging court held probation revocation hearing after defendants period of probation expired holding that the judicial determination of fugitive status must be made only after the probationer has been found and brought before the court regardless of whether this occurs before or after the date on which probation was originally to have expired holding that a court retains jurisdiction to determine fugitive status regardless of whether this occurs before or after the date on which probation was originally to have expired holding that section 10b violation occurs on date of alleged misrepresentation not the date of the sale or purchase of securities