Bennett v. State

Beasley, Judge.

Bennett was charged with theft of mislaid property consisting of $405,000 mistakenly transferred into his bank account. In July 1989, he entered a guilty plea, and the court imposed a ten-year probated sentence conditioned upon his payment of restitution.

After defaulting in making restitution payments, he filed a motion to modify his sentence due to financial inability to pay. After the State filed petitions for revocation of probation because of his failure to pay, Bennett filed an extraordinary motion for new trial. The motion, which was filed in May 1990, specified no…