State v. Scogin

OPINION

HOWARD, Judge.

The sole question on this appeal by the state is whether there is a statutory minimum period of probation under the new criminal code. The trial court rejected the state’s position that there is, and we agree.

Appellee pled no contest to the crime of fraudulent scheme or artifice, a class 2 felony, was adjudged guilty, and was placed on probation for two years. The state contends that the trial court was required to impose probation for not less than 5.25 years which is the minimum period of imprisonment for a class 2 felony.

The trial court’s power with respect to…