ORLANDO, Fla., Aug. 23 (UPI) — The Florida State Attorney General’s Office has filed a response opposing Casey Anthony’s appeal to avoid probation in the death of her toddler daughter.
Defense lawyers argued that Anthony, who served time in jail for check fraud and was released last month, served her probation time while in custody awaiting trial for the death of her daughter Caylee. She was acquitted at her trial on charges of killing her daughter.
The state attorney general’s office filed its response Monday at the 5th District Court of Appeal, arguing that it is not legally possible to serve probation while incarcerated.
“The court originally imposed probation to be served following her release from incarceration,” the response states.
Judge Stan Strickland ordered in 2010 that Anthony serve one year of probation after her release from jail. However, the order was not translated into written form and the Florida Department of Corrections applied probation to Anthony’s time in jail.
“Admittedly, the treatment of her by the Department of Corrections was not executed with the greatest clarity; regardless, when this error became known to the trial court, the error was corrected,” the attorney general’s filing indicates.