State v. EdmundsonAnnotate this Case
Defendant pled guilty to one count of felony assault with a weapon. The district court sentenced Defendant to a ten-year term commitment to the Department of Corrections (DOC) with five years suspended. After Defendant’s probation officer filed a report of violation, a petition for revocation was filed in district court. Following a hearing, the district court sentenced Defendant to a five-year commitment to DOC with recommended placement at a prerelease facility. The Supreme Court affirmed, holding (1) the district court did not err when it denied Defendant’s motion to dismiss the petition for revocation; and (2) the district court did not violate Defendant’s due process rights by considering the criminal history information in the presentencing investigation report, nor did it abuse its discretion by requiring Defendant to serve the remainder of his original sentence.