State v. WeekesAnnotate this Case
The Supreme Court reversed the decision of the Court of Appeals to dismiss Defendant’s appeal of the district court’s failure to modify his guideline sentence upon revocation of his probation and remanded to the Court of Appeals to reinstate the appeal, holding that the Court of Appeals erred in dismissing the appeal based on an incorrect determination that it lacked jurisdiction.
Defendant was convicted of unlawful possession of hydrocodone. About halfway through his probation period, the State filed a motion to revoke Defendant’s probation. Prior to the hearing on that motion, Defendant filed a motion for resentencing upon revocation. The district court revoked probation, denied Defendant’s motion to modify his sentence, and imposed the original underlying sentence. The Court of Appeals dismissed Defendant’s appeal, concluding that it lacked jurisdiction to revise the district court’s decision on probation revocation disposition because the sentence imposed was a presumptive sentence. The Supreme Court reversed, holding that the Court of Appeals did have jurisdiction to hear Defendant’s appeal because the district court’s decision to deny Defendant’s motion for modification at that probation revocation hearing, leaving the original presumptive sentence in place, was appealable.