Johnson v. State

Under the peculiar facts of this case, we must reverse appellant’s conviction and sentence for violation of probation, as that matter was not properly before the court when the judgment and sentence were entered.

Appellant was found guilty of aggravated battery in circuit court case no. 90-3086 and was sentenced to 3)6 years in prison to be followed by five years of probation. Later, he entered a plea to burglary of a dwelling and grand theft in circuit court case no. 91-1785 and received concurrent 10- and 5-year probationary sentences that were to run consecutive to any other sentences.

After…