Mims v. State

(dissenting) :

The majority opinion holds that the circuit court erred in ordering the Board to disregard the inactive sentences of respondents in computing their eligibility for parole. I disagree. The sentence imposed by the lower court as to each respondent was identical, and is summarized in the agreed statement as follows: “five (5) years consecutive, suspended with a special condition of probation that the sentence was to be effective on release from [the active six-year sentence] .” 1 The use of “consecutive” and “suspended” in connection with the same sentence is inconsistent. This…