Eustice v. State

MACY, Chief Justice.

Appellant Michael Thomas Eustiee appeals from the district court’s order denying his motion to vacate or correct an illegal sentence.

We reverse and remand.

Appellant raises the following issues:

I. Whether the trial court erred and abused its discretion, and violated appellant’s right to due process, when it sentenced appellant to terms of incarceration of from one year and 114 days to three years and 114 days on charges of misdemeanor battery.

II. Whether the trial court erred and abused its discretion when it failed to grant appellant credit against his sentences for all…