Thomas v. State

Appellant Horace Thomas filed a timely postconviction motion alleging that his plea of no contest to burglary of a dwelling was involuntary. The trial court denied the motion on the ground that he was es-topped from challenging his conviction after he had accepted the benefits of a probationary sentence and had violated the terms of probation.

The law is clear that a defendant cannot challenge the legality of a probationary term after he has violated the conditions of probation. See, e.g., Brown v. State, 659 So.2d 1260, 1261 (Fla. 4th DCA 1995). However, Thomas is not attacking his…