Pestana v. the State

DOYLE, Presiding Judge.

In November 2009, James Andrews Pestaña entered a negotiated plea of guilty to aggravated assault1 and was sentenced under the First Offender Act2 to confinement for a period of ten years, which sentence could be served on probation. In July 2013, the superior court signed an order of discharge after Pestana’s probation officer filed a petition for discharge indicating that Pestaña had fulfilled the terms of his probation. The court subsequently rescinded the discharge order and reinstated Pestana’s original sentence, and Pestaña appeals that ruling. Because the…