Sweeting v. State

BASKIN, Judge.

In this appeal from a trial court order revoking his probation, defendant Sweeting contends that the order placing him on probation was void because it was entered by the trial court after the court had vacated a sentence of imprisonment. He contends the trial court lacked jurisdiction to mitigate his prison sentence to probation and that his subsequent violation of that probation is without effect. We reluctantly agree. Existing law requires that we accept his position as correct; we reverse the trial court.

Defendant Sweeting first pled guilty to burglary of a structure.…