HALL, Presiding Judge.
1. The State contends that the oral declarations of a judge are not binding; that as no judgment ordering probation was ever signed, the defendant never commenced serving such a sentence; that the matter of sentence was still within the breast of the court; and therefore, the written judgment and sentence of one year's incarceration must be affirmed.
While it is true that an oral sentence is not a binding judgment of the court, the law...
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