Cox v. State

*1100ON REHEARING EX MERO MOTU

BOWEN, Judge.

The opinion of February 24,1989, is withdrawn, and the following is substituted therefor.

This is an appeal from the denial of a petition for writ of habeas corpus, wherein Tom Cox, the appellant, claims that he is entitled to good time credit on his penitentiary sentences.

Cox was convicted of theft of property in the second degree and sentenced on September 8, 1987, to 10 years’ imprisonment. The trial court “further ordered” that Cox be sentenced under the Split Sentence Act and ordered Cox “to serve three (3) years” imprisonment.

On October 19, 1987, Cox…