Winning a lottery sure is a matter of luck! But this unlucky winner might not get his winning amount all because he was a convicted bank robber who wasn’t supposed to be gambling.

Decision on weather Timothy Elliott, 55, violated his probation when he bought the $10 ticket for the “$800 Million Spectacular” game at a Hyannis supermarket or not will be made on a hearing on Dec. 7 in Barnstable Superior Court.

Elliott already has collected the first of 20 annual $50,000 checks from Massachusetts’ lottery commission. A picture of Elliott, holding his first check, was even posted on the lottery’s Web site Monday, though it was removed by Wednesday.

Elliott was placed on five years probation after pleading guilty in October 2006 to unarmed robbery for a January 2006 heist at a bank on Cape Cod. (CBC)

The terms of his probation states that he “may not gamble, purchase lottery tickets or visit an establishment where gaming is conducted, including restaurants where Keno may be played.” It is told that he was also put under the care of the state Department of Mental Health and sent to Taunton State Hospital for treatment.

Lottery spokesman Dan Rosenfeld said the lottery routinely cross references the names of winners with the state Revenue Department to see if they owe back taxes or child support. In those cases, winnings go straight to the Revenue Department.

But in this case, it will be up to the court to determine what will happen with Elliott’s winnings.