State v. RiceAnnotate this Case
The Supreme Court reversed the district court’s denial of Defendant’s motions to modify his sentence and to order a new presentence investigation report (PSI) on remand from the decision of the Court of Appeals vacating Defendant’s original sentence, holding that Defendant was not prejudiced by the district court’s denial of his request for a new PSI but that remand was required for the district court to consider anew the possibility of probation on the record.
After a resentencing hearing, the district court imposed life imprisonment for Defendant’s conviction of first-degree murder. Defendant later filed a motion to modify or reduce his sentence claiming that he should have been given an updated PSI for the court to consider that took into account his changed physical condition since the last report and that the court erred in not ordering probation. The district court denied the motion for modification and declared moot his motion for a new PSI, ruling that Defendant had received the only sentence available under the law. The Supreme Court reversed, holding (1) the district court did not err in refusing to request an updated PSI; but (2) the district court abused its discretion in not considering probation.