Timberlake v. State

WILLIAM W. FRANCIS, JR., C.J.

Michael A. Timberlake (“Timberlake”) appeals the motion court’s judgment overruling his motion for post-conviction relief asserting that the trial court1 erred in revoking his probation because the revocation took place after his probation term had expired. We reverse the motion court.

Facts and Procedural Background

Timberlake was charged in the Circuit Court of Stone County with felony domestic assault in the second degree. On June 21, 2006, Timberlake entered a plea of guilty. As part of the plea agreement, the State agreed to recommend a five-year sentence, a…