Wray v. State

We granted certiorari in this case to review the Court of Criminal Appeals' reversal of the Marshall County Circuit Court's judgment, wherein that court reconsidered its grant of probation and ordered the defendant to begin serving his original five-year sentence. According to the Court of Criminal Appeals,472 So.2d 1116, the trial court resentenced the defendant and this violated the Double Jeopardy Clause of the United States Constitution. We do not agree. The judgment of the Court of Criminal Appeals is reversed.

The defendant, Tommy Wray, was indicted for burglary in the third degree and…