Martin v. Antone

Opinion delivered by

YAZZIE, Chief Justice.

We previously released the Petitioner from imprisonment on a writ of habeas corpus, and provide this opinion to explain that the petitioner was detained illegally because his jail sentence was indefinite.

Under a plea agreement, Petitioner was initially sentenced to 365 days in jail and fined $90 restitution for the offense of Aggravated Battery. The jail sentence was suspended to probation with the condition that failure to pay the restitution would merit a bench warrant for immediate arrest. Petitioner was arrested approximately eight months later…