Ray v. State

Hotten, J,

Petitioner, Bashawn Montgomery Ray, pleaded not guilty to conspiracy to commit theft and making a false statement to the police at a hearing based on an agreed statement of facts, and was thereafter sentenced to ten years’ incarceration with six years suspended and four years’ probation. He argues that the circuit court imposed an illegal sentence after it bound itself to a “[e]ap of four years on any executed incarceration.” Petitioner contends that a reasonable lay person in his position would not have understood the agreement’s cap to mean that the circuit court could have…