Whitten v. State

BURKE, Justice.

[¶ 1] James Thomas Whitten challenges the district court’s oi'der denying his motion to correct an illegal sentence. We affirm.

ISSUE

[¶ 2] Mr. Whitten sets forth the following issue on appeal with which the State substantially agrees:

Did the district court judge [err] and abuse his discretion when he denied appellant’s motion to correct an illegal sentence, and when he modified his original order for restitution?

FACTS

[¶ 3] Mr. Whitten pled guilty to one count of first degree arson and one count of third degree arson. He was sentenced on January 25, 2002, to concurrent prison…