Martinez v. State

KITE, Justice.

[T1] Appellant Fredrich Martinez appeals from the district court's order denying his motion to correct an illegal sentence. Mr. Martinez claims his sentence is illegal because at the sentencing hearing the district court did not consider the possibility of probation. We affirm.

ISSUES

[T2] Mr. Martinez presents the following issue on appeal:

ISSUE I

Was [Mr. Martinez] granted consideration in the record of his application for probation, which was contained in the pre-sentence investigation report ordered by the district court?

The state rephrases the issue as follows:

Did the district…