Wells v. State

This cause is before us on appeal from a judgment and sentence entered after finding Wells in violation of his probation. We find the trial court lacked jurisdiction to impose probation and, therefore, was without jurisdiction to revoke probation and impose a prison sentence.

The trial court originally sentenced Wells to serve two consecutive five-year prison terms on September 8, 1983, for pleas of guilty to aiding and abetting in the possession of cannabis with the intent to sell and displaying or using a firearm in the commission of a felony. Fifteen months later, after denying Wells’…