Thursday, August 18, 2011

emergency petition from Casey Anthony's from jail

Casey Anthony's defense filed an emergency petition Wednesday with the District Court of Appeals Fifth, asking the justices to overturn an order requiring the probation report in Orlando. Chief Judge Belvin Perry ruled last week Anthony has until August 26 to inform the State Department of Corrections office in Orlando one year of probation. Anthony has been in hiding since he was acquitted on charges of manslaughter in the death of her 2-year-old daughter, Caylee.

The petition indicates that Anthony had already served the sentence of probation, handed down by Circuit Judge Stan Strickland, pleading guilty in a case of check fraud in 2010 while awaiting his murder trial.

Perry's ruling is an "illegal sentence" and "thecourt lacks jurisdiction and would violate double jeopardy by resentencing thedefendant to an increased sentence," the petition states.

Strickland sentenced Anthony to time served in jail, 412 days, and one year of probation, which would begin after she was released from incarceration. When Strickland's ruling was recorded by a clerk, however, it stated the probation term would begin immediately, the petition notes.  Anthony began her probation while in jail pending other charges and her sentence was terminated after one year by the Department of Corrections, according to the document.  Strickland amended his order to reflect that Anthony serve her probation after she was released from jail following the murder trial, according to the document. The order was upheld by Perry.