Nitchman v. State

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The Supreme Court affirmed a district court order revoking Appellant’s probation and ordering that he serve the remaining portions of a prison sentence that had been suspended, holding that Appellant’s underlying sentence was not illegal.Appellant pleaded guilty to state charges and was later convicted of federal charges arising from the same conduct that resulted in the state charges. After Appellant was sentenced to a “lengthy” prison sentence, Appellant and the State filed a stipulated motion requesting the court to modify the order granting a sentence reduction. The district court granted the motion and modified Appellant’s sentence in accordance with the motion. When Appellant was released from federal prison and began to serve his state probation, the district court determined that Appellant had violated terms of his probation and revoked his probation. On appeal, Appellant argued that the reduced sentence he requested and the district court ordered was illegal. The Supreme Court affirmed, holding that Appellant’s modified reduced state sentence did not consist of impermissible interrupted periods of incarceration, and therefore, Appellant’s sentence was not illegal. View "Nitchman v. State" on Justia Law