AMUNDSON, Justice.
William Michael McConnell (hereinafter "McConnell") appeals his judgment of conviction for aggravated assault. We affirm the conviction, but reverse the sentence and remand for resentencing.
McConnell was sentenced to eight years in the state penitentiary. While in the penitentiary he will be under supervision of the Department of Corrections, an agency of the executive branch. State v. Wooley,
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