State v. CarterAnnotate this Case
Defendant entered pleas of nolo contendere to five offenses committed in 2007, including theft. On the theft offense, the district court sentenced Defendant to imprisonment for ten years, with five years suspended. After Defendant was released from prison, the State filed a petition to revoke Defendant’s suspended sentence on grounds that Defendant had violated the terms of his probation by possessing or using illegal drugs, failing to attend weekly AA/NA meetings, and failing to obtain a chemical dependency evaluation. After a revocation hearing, the district court revoked the theft sentence and sentenced Defendant to five years in prison. The Supreme Court affirmed, holding that the district court did not abuse its discretion in revoking Defendant’s sentence where the evidence established that Defendant used illegal drugs while on probation in violation of his sentencing conditions.