North Dakota v. Netterville
Annotate this CaseMilford Netterville appealed the revocation of his probation, and his resentencing to two years’ imprisonment. In 2020, Netterville pled guilty to domestic violence, for which he was originally sentenced to 366 days’ imprisonment with credit for 99, and 18 months of supervised probation. In 2021, the State petitioned to revoke probation when Netterville failed to report to his probation officer in October and November 2021. He argued the district court entered an illegal order because the court failed to give him credit for time served and there was ambiguity in the court’s sentence. After review, the North Dakota Supreme Court concluded the revocation did not take into account the credit for time served. Judgment was reversed and the matter remanded with instructions for resentencing.
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