State v. Nelson
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The Supreme Court reversed the orders of the district court lifting its stay of execution of Defendant's sentence during his appeal and re-imposing the sentence, holding that the district court lacked the authority to impose the sentence after the State's delay in seeking to execute the sentence.
The district court convicted Defendant for a first offense driving under the influence (DUI) conviction and sentenced him to six months with all but twenty-four hours suspended. The court stayed execution of the sentencing during Defendant's appeal. When Defendant's conviction was affirmed, the district court issued notice of remittitur to the parties. Eight months later, the State moved to lift the stay and require Defendant to serve his sentence. The district court granted the motion. The Supreme Court affirmed, holding (1) Defendant's sentence expired before the State sought to enforce its terms and conditions, and therefore, the State could no longer execute the terms of the sentence; and (2) the district court correctly convicted Defendant of DUI.
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