Askin v. StateAnnotate this Case
Appellant pleaded guilty to two counts of failure to register as a sex offender. The district court sentenced Appellant to concurrent sentences of two to four and four to six years but suspended the sentences and imposed eight years probation. After Appellant violated the terms of his probation, the district court revoked Appellant’s probation and reimposed the suspended sentence. Appellant subsequently pled guilty to escape and was sentenced to three to seven years suspended in favor of four years probation to be served consecutively to the separate reimposed sentence. Thereafter, Appellant filed a motion to correct an illegal sentence, arguing that the district court was without the authority to “mix a sentence of imprisonment and probation.” The district court denied the motion. The Supreme Court affirmed, holding that the district court did not abuse its discretion when it sentenced Appellant to a period of imprisonment followed by a period of probation.