Hamilton v. State

ORFINGER, Judge.

After defendant entered a plea of guilty to two counts of grand theft of a motor vehicle, third degree felonies, each of which carries a maximum statutory punishment of 5 years’ incarceration, the trial court sentenced defendant on the first count to imprisonment “[f]or a term of five years with 42 months suspended,” and then checked the first of the “split sentence” boxes on the standard sentencing form and filled in the blank so that it read: “Followed by a period of 3 years on probation. ...”1 Defendant appeals, contending that the sentence on Count I is illegal because it…