State v. Cook
Annotate this CaseAfter a jury trial, Defendant was convicted of aggravated assault and simple assault. Defendant was sentenced to twenty years with ten years suspended for aggravated assault and two years for simple assault, to run concurrently. The Supreme Court summarily affirmed the conviction. Defendant subsequently filed a motion to correct an illegal sentence, contending that his sentence was ambiguous or internally contradictory. The circuit court denied the motion after noting that the oral sentence controlled over the written judgment, concluding that the oral sentence was neither internally inconsistent nor ambiguous. The Supreme Court affirmed, holding that the oral pronouncement of Defendant’s sentence was neither ambiguous nor internally contradictory, and therefore, the sentence was not illegal.
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