Criminal procedure — Illegal sentence — Conspiracy
Appellant Henry Eric Hamilton, pro-se, was convicted by a jury on March 27, 2015, of conspiracy to commit first-degree assault of Harrison Meran-Garcia and sentenced to a term of incarceration of twenty-five years. In this appeal of the circuit court’s Order denying appellant’s motions to correct an illegal sentence, appellant presents six questions for our review, which the State has rephrased, and we have adopted:
1. Did the trial court properly sentence appellant for the crime of conspiracy to commit first-degree assault, notwithstanding that he had been acquitted of conspiracy to commit robbery with a deadly weapon and other offenses?
2. Should this Court decline to consider the significance of the trial court’s comment, at sentencing, that appellant would serve at least half of his sentence, pursuant to statute?
3. Did the trial court properly sentence appellant for conspiracy to commit first-degree assault, notwithstanding his assertion that he is innocent?