Kelly v. State

Barnes, Judge.

On March 25, 1988, Kelvin L. Kelly negotiated a plea of guilty to one count of burglary. He was sentenced under the First Offender Act to five years, one to serve in prison and the balance probated. In November 1988, the trial court revoked six months of Kelly’s probation for failure to comply with certain conditions of his probation. However, his first offender status remained intact. A second revocation hearing was held on February 6, 1989, and although the trial court revoked another six months of Kelly’s probation, his first offender status remained unchanged.

At his third…