Sams v. State

This is an appeal from a sentence which is at variance with the oral pronouncement. Defendant was convicted of grand theft of a motor vehicle. At sentencing, the trial court placed defendant on probation for five years with a condition that he spend 240 days in county jail with credit for 209 days served. However, the minutes and judgment sheet indicate that the trial court placed defendant on probation for 5 years, without any mention of the condition regarding county jail time. Furthermore, the record contains a separate written sentence committing defendant to county jail for a term of 240…