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State v. Lin7/23/2004
-3(a)(1).
It is likely that the trial court actually intended to impose a total sentence of 11 months 29 days, as requested by Lin, with confinement to be limited to the 79 hours that Lin had already served, with the remaining balance to be served on probation. A proper construction of the language used, however, does not allow this interpretation, and even if it did, such a sentence would be error, as it would violate the sentencing requirements of OCGA § 40-6-391(c)(1)(E). While the standard sentencing form used here, along with verbiage errors, greatly contributed to the improper sentence, the major error was the *704 attempt to avoid the application of the sentencing requirements of OCGA § 40-6-391(c)(1)(E), which the court could not do.
For the above reasons, we must vacate the sentence here, and remand the case to the trial court for resentencing consistent with this opinion.
Judgment vacated and case remanded with direction.
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