State v. Martin

This is a criminal sentencing case in which the state appealed from a withheld judgment. The dispositive issue is whether the state has a right to appeal from the imposition of terms and conditions of probation when the state did not raise the issue of the illegality of those terms and conditions in the trial court. We hold that the state does not have the right to appeal.

I

THE BACKGROUND AND PRIOR PROCEEDINGS.

Norman Ray Martin pled guilty to felony driving without privileges. The trial court granted Martin a withheld judgment and placed Martin on unsupervised probation for one year. As one of…