“From my reading of this, she should be reporting to probation in Orlando probably within 72 hours,” Orange County Circuit Judge Stan Strickland said in signing the documents, according to the Orlando Sentinel.
The action came after an apparent misunderstanding in the case.
Anthony pleaded guilty in January 2010 to felony check fraud charges, admitting she stole a checkbook from her friend Amy Huizenga and wrote five checks totaling $644.25. At the time, defense attorney Jose Baez asked that Anthony be given credit for time served and be placed on probation.
Strickland apparently intended for the supervised probation to begin after Anthony’s release from custody, said Randy Means, spokesman for the Orange County State Attorney’s Office. But the order signed by Strickland at the time seemed to indicate it was to run while she was in custody awaiting trial on murder charges in the 2008 death of her daughter Caylee.
A jury acquitted Anthony of charges in Caylee’s death. The 25-year-old Orlando woman was released from jail July 17. Her whereabouts since then have been unknown.
Means said prosecutors were surprised to receive a letter from the probation office indicating Anthony’s probation was completed.
He said there was a miscommunication between what Strickland said at the sentencing and what the court clerk understood. The clerk thought the probation and Anthony’s time in custody were to run concurrently.
The documents were amended Monday to add the words “upon release” to Anthony’s sentencing documents, the Sentinel said.
Orange County prosecutors will not take a position on whether Anthony should serve probation, Means said, adding the issue is between Strickland, Orange County Chief Judge Belvin Perry Jr. — who presided over Anthony’s murder trial — the probation department and the clerk’s office.
“We don’t think we have jurisdiction. The court is the sentencer, and if they think it (sentencing) was not followed, they can do something,” Means said. “Our position is to leave it up to the court.”
A Department of Corrections spokeswoman told CNN affiliate WESH that Anthony must report to Orange County within 72 hours. “We are moving forward to make sure she is following the judge’s orders,” Gretl Plessinger said.
Anthony’s defense attorneys may challenge the move and claim Anthony should not have to serve probation because she already did while in custody, according to the Orlando Sentinel.
Means said the defense would have a strong argument to have the amended sentencing order declared invalid on grounds of double jeopardy. It would be unconstitutional to have Anthony serve another year of probation if technically she already served it while in jail, he said.
Perry has indicated he wants to meet with officials from the Department of Corrections to go over what happened and “make corrections.” Means said he does not know what that means, and knew of no pending hearings regarding the issue.
Strickland recused himself from the Anthony case in April 2010 after the defense claimed he was biased against her. At Anthony’s sentencing on the check fraud charges, she was ordered to have no contact with Huizenga, who testified against her during her murder trial.
At her sentencing for the check fraud charges last year, Anthony said, “I just wanted to let everyone know that I’m sorry for what I did. I take complete and full responsibility for my actions, and I’d like to apologize to Amy. I wish I’d been a better friend.”
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