People v. Reyes

Opinion by

JUDGE LICHTENSTEIN

¶ 1 Defendant, Tony James Reyes, asks us to decide whether a district court can set a resentencing hearing sua sponte and impose an increased sentence after an offender is terminated from a community corrections program. Because we conclude that it can, we affirm his sentence.

I. Background

¶ 2 Reyes was charged with second degree burglary, a class 3 felony, and misdemeanor theft. Pursuant to his plea agreement, he pleaded guilty to the theft count and received a two-year deferred sentence for second degree burglary. The district court imposed a two-year probationary…