Benton v. State

Summary

The court held that revocation of probation imposed as part of a first-offender sentence does not, by itself, revoke first-offender status or create a felony conviction for recidivist sentencing. Because the record showed no adjudication of guilt and sentence under the First Offender Act, Benton was exonerated by operation of law when he completed that sentence, leaving him with fewer than three qualifying prior felony convictions. The court reversed and remanded for vacation and resentencing of the aggravated-assault sentence.