BARTHELL v. State

ANDREWS, Presiding Judge.

Jerome Barthell, sentenced in 1998 pursuant to his plea of guilty to aggravated assault on a peace officer, appeals from the trial court’s order of September 25, 2006, which denied his June 26, 2006 motion to vacate void sentence.

An arrest warrant was issued for Barthell on May 23, 1998, for assault on State Trooper Rowe. Because Barthell was on probation for a 1995 conviction of selling cocaine, a probation revocation hearing based on the assault charge was held on July 8, 1998, and the remaining seven years of probation were revoked. That same day, Barthell…