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Casey Anthony will appeal probation order, attorney says

By the CNN Wire Staff
  • Casey Anthony's attorneys will appear probation order
  • Judge Belvin Perry ordered Anthony to serve one year's probation
  • The sentence stems from a prior check-fraud case
  • Anthony was acquited last month of murder in the death of her daughter

(CNN) -- Casey Anthony's attorneys will appeal the order that she must serve one year of supervised probation on a check-fraud conviction, her lead attorney confirmed Monday.

Orange County Chief Judge Belvin Perry Jr. ruled Friday that Anthony has to report to a state Department of Corrections facility in Orlando no later than noon on August 26.

Anthony, who was acquitted in July of murder charges in the 2008 death of her 2-year-old daughter, Caylee, had previously been convicted of felony check fraud for stealing a checkbook from a friend and writing five checks for $644.25.

Orange County Superior Court Judge Stan Strickland ordered Anthony to serve the year of probation following her release in the charges involving her daughter, but a clerk misunderstood the judge and prepared an order that the judge later signed instructing that Anthony would serve the probation while in custody awaiting trial.

The order was updated on Aug. 1 adding the words "upon release."

Anthony's attorneys contend she cannot be made to serve probation if she served it while in custody under a signed order from Strickland, saying it would violate constitutional protections against having to serve a sentence twice for the same offense.

The motion, filed by attorney J. Cheney Mason, calls the amended documents "a fraudulently filed product of a previously disqualified judge."

Strickland presided over Anthony's murder case until April 2010, when he pulled out of the case after the defense accused him of being a "self-aggrandizing media hound" who was biased against her.

Perry said Strickland's verbal order was binding, and that "to bar the court from correcting a clerical mistake and to permit the defendant to serve probation in jail while awaiting trial on a totally unrelated charge without any possibility of complying with the terms of the probation order would clearly thwart society's interest in extracting a full, fair and just punishment for a crime."

He said ordering Anthony to serve probation on the check-fraud case does not violate double jeopardy, since the check fraud crimes that Anthony was convicted of and those she was acquitted of are distinct. He also said Anthony couldn't have complied with the probation terms while in jail.

Anthony's probation order requires her to live in Orange County unless the probation office allows her to leave. She has received no such approval, a corrections department spokeswoman has said.

CNN's Emily Barsh contributed to this report.