Veith v. People

¶ 1 This case requires us to determine what constitutes “consent” by a defendant in the context of probation. 1 Specifically, we must decide if a defendant consented to the probationary portion of his sentence when he requested probation in lieu of incarceration, but instead received a ten-year prison sentence in addition to the probationary sentence he requested.

¶ 2 Petitioner Austin Slattery Veith pleaded guilty to theft and securities fraud. He asked the trial court to sentence him to probation instead of a term of incarceration. The trial court rejected his request for probation with no…