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Merneigh v. State

After the trial court revoked defendant's probated sentence for his burglary conviction, it could not revoke the probation he received at the same time for his theft conviction since it did not limit its first revocation to the burglary charge.

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In 1987, Raymond Lawrence Merneigh pled guilty to charges of burglary and theft by taking in Case Number CR86-758. The trial court sentenced him to 20 years on the burglary count, with nine to be served and the remainder on probation, and to a consecutive probated 20-year term on the theft count. After Merneigh’s subsequent arrest in 1991, the trial court “ordered and adjudged that the probation provisions, in said original sentence be revoked . . . and the Defendant is hereby required to serve: Two years on . . . CR86-758.” When Merneigh completed serving the two years, he was again arrested, and the State filed a petition for revocation in Case Number CR86-758. Merneigh filed a plea of former jeopardy and motion to dismiss. At the hearing, the trial court concluded that only the probated sentence on the burglary count was revoked in 1991, because Merneigh was serving only that sentence and there had been no express revocation of the other, consecutive probated sentence for theft by taking. Accordingly, the trial court revoked the original 20-year sentence for theft in Case Number CR86-758 and required Merneigh to serve five years. The Court of Appeals denied his application for discretionary appeal. We granted Merneigh’s petition for certiorari and his application in order to consider the trial court’s denial of the plea of former jeopardy.

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