Donaldson v. State

Donald L. Corbin, Justice.

Appellant Wade C. Donaldson appeals the Drew County Circuit Court’s order convicting him of second-degree battery, sentencing him to three years’ imprisonment, and ordering restitution in the sum of $8,856.64. On appeal, Appellant raises one argument for reversal: the trial court erred and imposed an illegal sentence when it took the case away from the jury and sentenced Appellant itself. We hold that the trial court did impose an illegal sentence, and reverse and remand for entry of a judgment and commitment order consistent with this opinion.

On May 24, 2005,…