Criminal procedure — Illegal sentence — Separate terms for theft and burglary
At the conclusion of a bench trial in the Circuit Court for Worcester County, the court convicted John Temple Haines, appellant, of second-degree burglary, theft of items valued under $1,000, malicious destruction of property, and related conspiracy counts. The court sentenced appellant to a term of twelve years’ incarceration for second-degree burglary, with all but seven years suspended. The court also sentenced appellant to a concurrent term of twelve years, with all but seven years suspended, for conspiracy to commit second-degree burglary. With respect to the portion of the sentence that appellant contends in this appeal was illegal, the court also imposed a consecutive term of 18 months’ incarceration, all suspended, for the theft count. All remaining convictions were merged for sentencing purposes.
In this direct appeal, appellant presents a single question for our review:
“Did the lower court err in imposing separate consecutive terms of incarceration for theft and burglary where the only stolen items were those acquired in the burglary?”