Schlosser v. State

LEHAN, Acting Chief Judge.

We reverse the sentence imposed against defendant. The sentence was two five year terms of probation, one to be consecutive to the other and both to be “consecutive to any other case” and 364 days incarceration in the county jail as a condition of one of those terms of probation, the incarceration to be served “concurrent with the time being served now in the federal sentence.” As the trial court had been advised, no federal sentence had been imposed at the time the probation and the foregoing incarceration were imposed. Thus, the sentence was improperly indefinite.…