Gibson v. State

Ruffin, Judge.

Tracy Ray Gibson entered a negotiated guilty plea to one count of robbery by intimidation. The trial court sentenced him to ten years in the State Penal System, but provided that Gibson could serve the final five years on probation. Gibson appeals, asserting that the trial court erroneously sentenced him without ascertaining his criminal history or considering treatment under the First Offender Act (“the Act”).1 For reasons that follow, we affirm.

The record shows that Gibson pled guilty to robbery by intimidation on December 4, 2001. At the guilty plea hearing, the trial court…