People v. Barth

Opinion by

JUDGE BRIGGS.

Defendant, Gary Steven Barth, appeals the trial court’s order denying his motion for post-conviction relief pursuant to Crim. P. 35(c). We affirm but remand for correction of the mittimus.

Defendant thereafter filed pro se a Crim. P. 35(c) motion seeking to have his sentence modified. He asserted that his three-year prison sentence plus the two-year mandatory parole period resulted in a total sentence of five years, thus illegally exceeding the three-year sentence the trial court intended to impose. He also argued that, because the sentencing court did not advise him of…