Elliott v. State

Mark Elliott appeals the denial of his postconviction motion to correct illegal sentence. We affirm.

Elliott entered a nolo contendere plea after being charged with robbery and possession of a hoax bomb in the commission of a felony. 1 The State informed the trial court that it was seeking to have Elliott sentenced as a habitual felony offender on both counts. The trial court found Elliott met the criteria to be sentenced as a habitual felony offender, but sentenced him to a split sentence of five years’ imprisonment followed by ten years’ probation on both counts, the sentences to run…