Green v. State

Defendant-appellant was informed against for escape, and found guilty. The trial judge withheld imposition of sentence and placed the defendant on probation. However, as a condition thereof the judge ordered that appellant be imprisoned in the county jail for one year.

Appellant contends that a one year sentence to the county jail as a condition of probation is improper. We agree.

Probation is a matter of grace extended to the offender usually on the basis of a pre-sentence investigation which suggests that he is not likely to repeat his criminal conduct and could be rehabilitated while at…