State v. Bisby

Defendant appeals a judgment that modified a sentence that he had fully served. He argues that the modification exceeded the sentencing court’s authority. We agree and vacate and remand.

The relevant facts are mostly procedural and entirely undisputed. In September 2000, defendant was on trial in two cases. Pursuant to a plea bargain, he pleaded guilty or no contest in the first case to coercion, assault, and resisting arrest; in the second case, he pleaded no contest to tampering with a witness. Still pursuant to the bargain, the court dismissed several counts in the first case and imposed…