State v. Clayton

OPINION

WALKER, Presiding Judge.

We granted certiorari to review the action of the trial judge in suspending five years of a five- to ten-year sentence for robbery in this case. The state contends that the trial judge was without authority to suspend a sentence for robbery, the *923maximum of which is fixed by the statute at IS years’ imprisonment and further that he had no power to suspend a part only of any penitentiary sentence. We hold that the trial judge had no jurisdiction to suspend a sentence for robbery.

During the defendants’ trial for armed robbery, they changed their pleas to guilty of…