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Alvin v. State3/8/2002
possible), the supreme court ignored the fact that the judge had described Cochran's SIS probation as lasting 5 years; instead, the supreme court declared that the judge's sentencing remarks would be construed as imposing an SIS probation of 10 years (the maximum term of probation allowed for Cochran's offense). Cochran's sentence had to be construed in this fashion, the supreme court declared, because this construction of the sentence was the way to most nearly achieve the sentencing judge's intent.
Based on our analysis of the contemporaneous sentencing record in Alvin's case, and based on the decisions in these prior cases, we conclude that Judge Card acted properly when he denied Alvin's request to modify the written judgment. That written judgment accurately embodies Judge Card's unambiguous original sentencing intent.
Conclusion
The judgment of the superior court is AFFIRMED.
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