Lauxman v. State

After holding that incarceration imposed as a condition of probation or as part of a split sentence is invalid where it equals or exceeds one year and making that holding retroactive, the court in Villery states that one who is under such an order “upon application ” is entitled to have the illegal order corrected. The court further said, “In correcting the order, the trial court has the option either of modifying the order to make it legal or of withdrawing it and imposing a sentence of imprisonment.” It went on to say that, unless a condition of probation was determined to have been…