Smith v. State

We are asked to decide in these two cases whether, in circumstances where a defendant has been convicted of multiple offenses, but placed on probation with sentencing withheld or execution of sentence stayed, consecutive sentences may be imposed or allowed to go into effect following revocation of probation.

In each of these cases the defendant was found guilty of multiple felony offenses and initially placed on probation.

In Smith’s case, following conviction, sentencing was withheld and the defendant was placed on probation. Subsequently, it was determined that Smith had committed additional…