Deaton v. State

Robert H. Dudley, Justice.

This case involves the interpretation of the criminal sentencing statutes of 1979. Jurisdiction is under Rule 29(1 )(c).

On September 11, 1979, the appellant, a youthful offender, committed the felony of theft by receiving a stolen pistol. He was charged and, on January 6, 1981, pleaded guilty. The judgment of conviction provides that he “is sentenced to three (3) years probation . . “is hereby committed to the Department of Correction or its authorized representative for a term of three years in the state penitentiary;” and “the execution is hereby stayed for a…