Dean v. State

Smith, J., dissents.

This case presents the question whether an order revoking probation must be reversed if it is based in part upon a conviction of a crime, committed during the probationary period, which is subsequently reversed on appeal.

On 20 April 1978, in the Circuit Court for Kent County, the petitioner, Bruce Herbert Dean (probationer), pleaded guilty to receiving stolen goods. On 22 June 1978, he was sentenced to a term of three years. Execution of the sentence, however, was suspended, and he was released on probation subject to certain general and special conditions, including a…