State v. ThalmannAnnotate this Case
The Supreme Court dismissed Appellant’s appeal from the district court’s imposition of a fifteen-day custodial sanction after testing positive for drug and alcohol while serving a sentence of probation, holding that the order imposing a custodial sanction did not affect a substantial right and was not final.
Appellant was convicted of possessing a controlled substance. While serving probation, Appellant’s probation officer sought the imposition of a custodial sanction. After a hearing, the district court imposed a custodial sanction of fifteen days’ imprisonment. The Supreme Court dismissed Appellant’s appeal, holding that the order from which Appellant was attempting to appeal was not a final order.