State v. Curtis

STANDRIDGE, J.:

Michael Curtis appeals -the district court’s revocation of his probation. For the reasons stated below, we reverse the probation revocation and vacate the court’s order requiring Curtis to serve -the underlying sentence.

Chronology

1. On November 18, 2005, based on Curtis’ plea of guilty to one count of cocaine possession, the district court sentenced Curtis to 12 months’ standard probation with an underlying 40-month prison term.

2. On January 5, 2006, Curtis possessed cocaine.

3. On January 10, 2006, the State filed its first motion to revoke based on the January 5, 2006, alleged…