State v. Stuckey

Bell, Chief Judge.

The defendant was convicted of armed robbery and aggravated assault on his plea of guilty. The trial court imposed a sentence of five years imprisonment which was probated. The state filed a motion to amend the sentence, contending that the sentence was null and void because probation is not allowed on conviction of armed robbery. The motion was denied and the state has appealed. Held:

The sentence imposed in this case is absolutely void. A superior court judge has no jurisdiction to probate a sentence imposed on conviction of armed robbery. Code § 26-1902 (b). As the…