DeMillard v. State

Appellant pled guilty to burglary and attempted assault on a peace officer and nolo contendre to four counts of interference with custody. The district court sentenced Appellant to prison on each of the counts but suspended the sentence in favor of supervised probation consisting of two terms: a ten-year term followed by a two-year term. The district court later found that Appellant had violated the terms of his probation, revoked probation, imposed the underlying consecutive sentences, and credited Appellant for time served. The Supreme Court affirmed the probation revocation. Thereafter, Appellant filed a pro se motion to correct illegal sentence, arguing that the first term of his probation was revoked after he had already completed it. The Supreme Court affirmed, holding (1) the doctrine of res judicata applied to bar the issue raised in Appellant’s current appeal; and (2) the district court’s revocation of Appellant’s probation was timely. View "DeMillard v. State" on Justia Law