Newman v. State
Annotate this CaseAppellant entered a guilty plea to conspiracy to commit grand larceny. While on probation, Appellant was charged with and pleaded guilty to possession of a controlled substance. Instead of imposing a sentence in that case, the court suspended the proceedings and placed Appellant on probation with special conditions. Appellant later admitted to violating the special conditions of her probation. The district court ultimately revoked Appellant’s probation in the conspiracy to commit grand larceny case and executed the original sentence of nine months with credit for time served. The district court then sentenced Appellant to twelve to thirty-two months’ imprisonment in the possession of a controlled substance case. The court ordered the sentences to run consecutively. Appellant appealed, arguing that the district court plainly erred when it considered her status as a pregnant drug addict in deciding to impose a consecutive sentence in the controlled substance case. The Supreme Court affirmed, holding that the district court did not err when it considered Appellant’s status as a pregnant addict at the time of sentencing because Appellant raised the issue of her status as a pregnant addict at the sentencing hearing.
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