State Ex Rel. Limback v. Gum

BRECKENRIDGE, Presiding Judge.

Relator Larry Limback filed a petition in prohibition to prevent respondent, the Honorable Carl Gum, Judge of the Circuit Court of Cass County, from proceeding with a probation revocation hearing. Relator contends that respondent is without jurisdiction to revoke his probation because its five-year term has already expired. This court issued a preliminary order in prohibition and such order is now made permanent.

On December 8, 1986, relator pleaded guilty to one felony count of selling a controlled substance. At the ensuing sentencing hearing on April 27, 1987,…