Limbocker v. State (Majority, with Dissenting)Annotate this Case
Appellant entered into a negotiated plea of guilty for breaking or entering and criminal mischief. The judgment and commitment order reflected a sentence of seventy-two months’ incarceration on the breaking or entering and suspended imposition of sentence of 120 months for criminal mischief. The sentences were ordered to run consecutively. The circuit court later amended Appellant’s previous sentence to run concurrently. The court then revoked the original sentence as amended and sentenced Appellant to seventy-two months’ incarceration. Appellant appealed, arguing that until his original sentence was modified it was void and could not be used as a basis for revocation, and therefore, his suspended imposition of sentence could not be revoked for acts that occurred when no valid revocation period was in place. The Supreme Court affirmed the circuit court’s revocation of Appellant’s suspended sentence, holding that the sentence imposed was not illegal.