Thompson v. State

BASCHAB, Judge.

The appellant, Ralph Thompson, pled guilty to theft in the second degree. The appellant had one prior felony and was sentenced under the Habitual Felony Offender Act. The range of punishment for the appellant was from two to twenty years in prison. The trial court sentenced the appellant to ten years in prison, but split the sentence to three years followed by three years of probation. The appellant objected to the split sentence.

Both the appellant and the State argue that the trial court could not sentence the appellant to probation without the appel*861lant’s acceptance of…