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drunk in public charge by removing Whorton from work-release, he said.
In addition, Albrecht said, Whorton didn’t violate the good behavior terms of his probation because he wasn’t on probation. "Work release is not probation,” the attorney emphasized.
He also questioned whether Whorton could be given additional jail time for being drunk in public when that doesn’t in and of itself result in a jail term and particularly since the defendant wasn’t afforded counsel on the charge.
Robertson agreed that instituting the suspended sentence on top of removing Whorton from work-release would constitute double jeopardy.
Whorton, who was not processed through the criminal penalty system until recently, would have been
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