probation revocation based on prior criminal convictions upheld where entry of probation was based upon defendant’s fraudulent misrepresentation that he had never been convicted of previous crime
How later courts described this case
- probation revocation based on prior criminal convictions upheld where entry of probation was based upon defendant’s fraudulent misrepresentation that he had never been convicted of previous crime
- original sentence resulted from fraud by defendant who misrepresented prior record to sentencing court
Written by the judges who cited it.
The opinion
BECK, Judge,
concurring:
I join in the excellent opinion of the majority and write separately solely to place the majority’s characterization of the conduct of appellant and his counsel as a “fraud upon the court” in its proper context. I emphasize that it is not necessary to this Court’s holding that the misstatements concerning appellant’s record be intentional, and the issue of whether or not they were intentional was not before us on this appeal.