Probation is NOT considered to be a sentence. A sentence is issued as punishment for a crime. If Judge Perry decides to pass Judge Strickland’s amended order, it will NOT be double jeopardy. A person cannot be tried twice for the same crime (once a verdict is handed down.) This also applies to being sentenced for the same crime. Since probation is not a sentence, the defense was errant in their argument that Casey could not be sentenced to serve probation as per Judge Strickland’s amended order as it would be double jeopardy.
Mr Frank George said his office was NOT informed that Casey Anthony had started her probation in Jan/10 nor were they informed when she terminated that probation in Jan/11.
Ms Anthony was to have received a letter congratulating her for the completion of her probation period. Judge Perry said that of all the cases he has studied, he does not recall any probationers being sent a letter upon their termination.
JMO, Mr Baez and Ms Lyon were present in the courtroom along with their client, Ms Anthony, when Judge Strickland gave his verbal order, in open court, that Casey would serve a year’s probation upon her release from custody. This took place in Jan/10 when Casey pled guilty to the check/fraud and was sentenced to 412 days already served. The defense were made aware that Casey went on probation at the jail in Jan/10. As I said above, the state was unaware of that fact.
It is my opinion that the defense knew that a mistake had been made and Corrections had received wrong information. A judge’s verbal order supercedes the written transcript of that order. So, was this deception on the part of the defense.
Previously, I felt that Judge Perry would grant the defense motion and Casey would not have to serve probation for one year. After listening to the hearing today, I am leaning towards Judge Perry upholding Judge Strickland’s amended order and Casey will have to serve the probation but with certain conditions. I cannot see Casey being ordered back to Orange County but she will have to keep her nose clean for a year.
Here is a great write up of Richard Hornsby’s. I love the way Richard writes and the humor he intermingles with his sound reasoning.