Green v. State (Majority)Annotate this Case
The Supreme Court reversed the order of the circuit court denying Appellant’s pro se petition to correct and illegal sentence and denied Appellant’s motion for appointment of counsel. Appellant pleaded guilty to conspiracy to commit residential burglary and theft of property. Appellant received sentences of 240 months for each offense - 108 months’ imprisonment, with 132 months of the terms suspended. The Supreme Court held that the circuit court clearly erred when it denied Appellant’s petition to correct his illegal sentence because (1) Appellant’s sentence as a habitual offender for the Class D felony of theft of property exceeded the statutory maximum; and (2) regarding the Class C felony of conspiracy to commit residential burglary, unless Appellant was sentenced as a habitual offender, which the sentencing order failed to indicate, his sentence exceeded the statutory maximum of 120 months’ imprisonment.