State v. Mendenhall

BURNETT, Judge.

In these consolidated cases, we are asked to decide whether concurrent sentences for grand larceny and escape can be converted into consecutive sentences after the defendant has violated probation. For reasons explained below, we hold that they cannot. The sentences are vacated, and each case is remanded for resentencing.

William C. Mendenhall was convicted by a jury of grand larceny. While confined in the Clearwater Countyjail to await sentencing, he escaped. Several years later, he was arrested. He pled guilty to escape under I.C. § 18-2505. A presentence investigation…