Preston v. Commonwealth

Opinion

BENTON, J.

Sterling Jason Preston, Jr., appeals from an order of the circuit court revoking a previously suspended prison sentence. Preston contends the trial judge abused his discretion in revoking the suspended sentence. For the reasons that follow, we reverse the revocation order.

I

On January 24, 1991, Preston was convicted of robbery. The trial judge sentenced him in accordance with a plea agreement “to five years in the penitentiary which shall be suspended after time served.” The suspension of the sentence was conditioned upon Preston’s payment of restitution and costs and upon…