Wilson v. Commonwealth

WHITE, Judge.

This appeal contests the validity of a trial court order revoking probation and fixing punishment when no original judgment or sentence had been imposed and only a probation order had been entered, which failed to recite the term of probation.

Appellant, David Thomas Wilson, entered a plea of guilty on March 8, 1978, to Indictment # 77 — 18, charging him with theft by unlawful taking. The only order entered on this plea was a conditional order of probation which set no time period. The transcript of this proceeding reveals that the trial court mentioned a five-year probationary…