State v. Suchanek

SCHULTZ, Justice.

This is an appeal by the defendant, Marc Allen Suchanek, from a sentence imposed to correct a previous sentence that had been set aside. The defendant claims that the resentence without a probation revocation hearing violated statutory requirements and constituted a denial of the constitutional protection of due process of law. The State claims, however, that the defendant waived this issue on appeal by .failing to object at the sentencing hearing. We hold that the district court should not have set aside the original sentence without holding a hearing to determine the proper…