State v. Dickey
Annotate this CaseAfter Defendant was convicted of felony theft, a district court hearing was held to pronounce sentence on Defendant and to consider the State’s motions to revoke Defendant’s probation in four earlier cases based on his new conviction. That hearing resulted in several appellate court opinions, this decision being the fourth of them. At the hearing, Defendant was sentenced for his felony conviction, and Defendant’s probation in the prior cases was revoked. All of the sentences pronounced during the hearing were based on Defendant’s criminal history score as reflected on presentence investigation reports. Defendant appealed from the revocation of his probation in three cases, arguing that the district court imposed illegal underlying sentences premised on an erroneous criminal history score resulting from a misclassification of a prior conviction as a person felony. The Supreme Court agreed and vacated Defendant’s sentences, holding that the prior conviction at issue was misclassified as a person felony, and therefore, the resulting sentences were illegal.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.