City of Brook Park v. Necak

The defendant, Stevan Necak, appeals from an order which increased his sentence after he had partially satisfied the court’s original sentence. We agree that the court lacked authority to make that modification, so we reverse and reinstate the court’s original sentence.

On January 28,1985, defendant pled guilty to violating a municipal ordinance against driving under the influence of alcohol. The court found him guilty and requested a presentence investigation. Eighteen days later, after receiving the presentence report, the court sentenced him to thirty days in jail, a $225 fine, and costs.…