State v. Johnson

The issue in this appeal from the judgment imposing sentence to be served following a revocation of probation is whether under the circumstances of this case the law existing at the time the appeal is decided or the law existing at the time of the trial is controlling.

William Thomas Johnson (Johnson) pleaded guilty to rape on November 26, 1976 and on December 30, 1976, the trial court suspended a sentence of five years imprisonment and placed him on probation for five years. Johnson was later convicted for an assault which occurred on January 1, 1977 and as a consequence tried and convicted…