State v. Pennell
Annotate this CaseDefendant pleaded guilty to two counts of felony breaking or entering, two counts of felony larceny, and one count of possession of cocaine. Defendant’s sentences for the offenses were suspended and he was placed on probation. After Defendant violated his probation the trial court revoked his probation and activated his sentences for the remaining offenses for which he was on probation. Defendant appealed, arguing, among other things, that the trial court lacked subject matter jurisdiction to revoke his probation on one count of larceny because the original indictment for the offense was fatally defective. The Court of Appeals held that Defendant’s appeal was proper. The Supreme Court reversed this determination, holding that a defendant may not collaterally challenge the validity of an underlying indictment by means of an appeal from revocation of his probation.
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