court below also found that by the deed of January 6, 1933, the trust did not merge with the title but on the contrary the deed of trust remained in full force and effect. There is evidence in the record that when Perry received the deed of January, 1933, he knew of the existence of the bonded indebtedness and the amount thereof and that the loan was in default and that the property was not worth the amount due the bondholders. He agreed to hold title for the bondholders and was told by Lane that all income had to be accounted for to the bondholders, to which he agreed. Having assumed this obligation the appellant became a trustee for the plaintiff and the other holders by assignment ofsplit sentence of 15 years with 10 years imprisonment to be followed by five years on probation. After Villery, Pendley filed a motion for correction of sentence and he was resentenced to 12 years in prison less credit for time served.
Appellant Beech pled nolo contendere to a charge of lewd and lascivious assault on an 11-year-old child. Sentencing was deferred, Beech was declared to be a mentally disordered sex offender, and was committed to the Department of Health and Rehabilitative Services (HRS) for evaluation and treatment. After Beech was discharged from the custody of HRS, the court sentenced him to six years imprisonment to be followed by six years probation or a total of 12 years. On his motion to correct the judgment and sentence pursuant to Villery,