Stevenson v. State
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The Supreme Court affirmed the decision of the district court denying Appellant's motion to correct an illegal sentence, holding that the district court correctly concluded that Appellant was not entitled to credit for time spent on probation when he was resentenced in a probation revocation proceeding.
Defendant admitted to the State's allegations of probation violations, and his probation was revoked and sentence reinstated. Defendant filed a motion to correct an illegal sentence, claiming that he was entitled to credit for time spent on supervised probation, inclusive of inpatient substance abuse treatment and participation in Treatment Court. The district court denied the motion. Defendant subsequently moved both a second and third time to correct an illegal sentence, without success. Defendant appealed the district court order denying his first request to correct an illegal sentence. The Supreme Court affirmed, holding that the district court properly denied the motion.
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