State v. Hockensmith

OPINION

AMDAHL, Chief Justice.

This is a sentencing appeal in which we address the issue of whether the trial court could have reduced the defendant’s sentence at the probation revocation hearing. We granted the defendant’s petition for review not for the purpose of modifying defendant’s sentence but in order to prevent any problems that might otherwise be created by the court of appeals’ analysis of the issue.

Defendant sexually assaulted two women in separate incidents on the same night in June of 1983. He entered straight guilty pleas to two charges of criminal sexual conduct in the second…