Ex Parte Hayden

This is a petition for writ of mandamus wherein the petitioner seeks to compel the circuit judge to order his release from jail. The facts are:

January 7, 1988 Petitioner pleaded guilty to Theft III and was sentenced to 12 months' imprisonment.

January 28 Probation was denied.

May 6 On petitioner's oral motion, the trial judge, without prior notice to the district attorney, modified and reduced the sentence to 99 days (which the petitioner had already served) and released the petitioner.

June 4 The district attorney filed a motion to reinstate sentence.

June 14 After a hearing, the trial judge…