Toney v. State

Darrell Hickman, Justice.

This criminal case raises the question of whether the trial judge can, after sentencing a defendant and setting conditions of probation, later add to that sentence medical expenses of over $7,000 incurred by the county while the defendant was in jail. The trial judge did that in the case of Norman Toney who appeals. We find that the judge exceeded his authority and the judgment in that regard is reversed.

Norman Toney pled guilty to five counts of second degree forgery and was sentenced on July 28, 1986. He was placed on probation for three years conditioned on his…