State v. Smith

OPINION

FIDEL, Judge.

¶ 1 Pursuant to an agreement with the State, Defendant pled guilty to two counts of using a dangerous drug, both class 4 felonies, and admitted to violating his intensive probation by committing those offenses. The superior court accepted Defendant’s guilty plea, but did not follow the plea agreement’s proposed imposition of prison time. Instead, the court reinstated Defendant on intensive probation. The State appeals the superior court’s sentencing order, arguing that the court was required to impose imprisonment. We agree and accordingly set aside the sentence and remand.