Fair v. State

Miller, Judge.

In April 1990, Kevin Leroy Fair was convicted of armed robbery and theft by receiving stolen property. The trial court sentenced Fair to serve 15 years for the armed robbery conviction and sentenced: him to a probated sentence of 20 years for the theft by receiving stolen property conviction. The sentences were to run concurrently under OCGA § 17-10-10, since there was no stipulation that the sentences were to run consecutively.

After serving his fifteen years for armed robbery, Fair moved to vacate his twenty-year probated sentence for theft by receiving, *519arguing that the…