Meylert Q. Marshall v. Donald A. Cabana

Meylert Q. Marshall pled guilty to armed robbery. The court imposed a sentence of 25 years but suspended all except three years of the term of imprisonment and imposed a five-year term of probation. After Marshall had served his sentence while he was on probation he pled guilty to violating the terms of his probation. He was ordered to serve six additional years in prison. He now seeks habeas corpus relief on the ground that the sentencing judge had no authority to reduce the initial term to be served for armed robbery and place him on probation. He argues that he could not be guilty of the…