COA: Complaining about Probation?

7 11 2011

The Court of Appeals issued one criminal reversal in Jacobs v. State.  In September 2010, the trial court gave Appellant a sentence of five years probation for simultaneous possession of drugs and a firearm.  At a revocation hearing on November 2010, Appellant was given a total of 35 years in ADC.  Appellant challenged the sentence on the grounds that the sentence being revoked (the probationary sentence) was illegal because probation is not allowed for simultaneous possession.  The Court of Appeals then vacated the revocation and reversed and remanded the underlying sentence for a new sentence. 

One can only imagine that the trial judge will find a way to simply give him the 35 years on the underlying charge at re-sentencing.  Not to mention any resentment from the judge in getting reversed for trying to be too lenient to Appellant.  As the saying goes, “No good deed goes unpunished.”


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