Eaton v. State

Defendant-appellant was charged by information with (1) uttering a forged instrument and (2) buying, receiving or concealing property, tried by jury and found guilty of both charges. Thereafter, a sentencing hearing was held and all agreed (the trial judge, prosecutor, and defense counsel) that since both charges arose out of the same transaction 1 only one sentence could be imposed.2 Thereupon, the trial judge sentenced the defendant to six months in the county jail to be followed by two years probation. However, the written judgment and sentence reflected that the defendant was sentenced to…