State v. Jennings

OPINION

WOZNIAK, Chief Judge.

Appellant Kevin L. Jennings appeals from a district court order denying his demand for execution of a stayed prison sentence. Appellant had been sentenced to a 15-month prison term with execution stayed for a five-year probation period. While on probation, appellant was incarcerated in California for a felony offense committed there. Appellant argues that he has a right to execution of his stayed sentence when imprisoned on a subsequent offense in California. We agree and reverse.

FACTS

Jennings pleaded guilty to third degree burglary and misdemeanor damage to…