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Gibson v. State

The trial court was not required to inform defendant that he might be eligible for first offender status or consider his eligibility for first offender treatment in the absence of a request.

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Tracy Ray Gibson entered a negotiated guilty plea to one count of robbery by intimidation. The trial court sentenced him to ten years in the State Penal System, but provided that Gibson could serve the final five years on probation. Gibson appeals, asserting that the trial court erroneously sentenced him without ascertaining his criminal history or considering treatment under the First Offender Act “the Act”.1 For reasons that follow, we affirm.

The record shows that Gibson pled guilty to robbery by intimidation on December 4, 2001. At the guilty plea hearing, the trial court informed Gibson of his rights, questioned him about his plea, and determined that the plea was free and voluntary. The trial court also asked Gibson whether he was satisfied with his counsel’s representation, and Gibson responded, “yes.” After the trial court accepted the plea, the State offered its sentencing recommendation of ten years, with five to serve in confinement. The trial court followed the State’s recommendation, sentencing Gibson to ten years in the penitentiary, but probating the final five years.

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