State v. Wieneke
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The Supreme Court vacated Defendant's sentence for domestic abuse assault while displaying a dangerous weapon, holding that the district court exceeded its statutory sentencing authority in this case.
The district court sentenced Defendant to an indeterminate term of incarceration not to exceed two years, suspended all but six days of the sentence, and placed Defendant on probation for two years. On appeal, the court of appeals noted that the imposed sentence appeared to be an illegal split sentence but declined to resolve the issue. The Supreme Court exercised its discretion to correct the illegality in this case, holding that the district court imposed a statutorily unauthorized sentence by suspending a portion of Defendant's indeterminate sentence.
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