State v. Drader

VANDE WALLE, Justice.

This is an appeal from an order revoking probation and imposition of a suspended sentence and sentencing Terrance Drader to the Penitentiary. Because we conclude that the trial court erred in revoking probation, the order is reversed.

On January 7, 1985, Terrance Drader was sentenced to 15 years’ hard labor at the North Dakota State Penitentiary. 1 The trial court ordered that upon service of five years, the remaining ten years of the sentence was to be suspended upon certain conditions. The sentence provisions relevant to this appeal are:

“IT IS THE JUDGMENT AND SENTENCE…