Palmer v. State

Smith, Judge.

We affirm the revocation of Palmer’s probation.

In 1974, Palmer pled guilty to charges of burglary and theft by taking; he received a five-year sentence, two to serve and three probated. In 1977, his probation was revoked following a hearing on a petition which alleged that Palmer violated the terms of his probation by committing two burglaries and by possessing marijuana. Held:

1. Palmer’s "motion to arrest, vacate, and set aside” the 1974 judgments and sentence, entered in response to the revocation petition, was properly denied. A motion in arrest of judgment must be made in the…