Thomas v. State

DAUKSCH, Judge,

concurring specially.

While I agree this appellant was illegally sentenced I note the state has conceded the point. In my opinion this matter could have been resolved without the full appellate review. When it was recognized by the state that error had occurred then the common-place request for a relinquishment of jurisdiction could have allowed the case *1239to return to the sentencing judge for correction of the error.