State v. Kern

Defendant pled guilty to sexual intercourse without consent and was sentenced to ten years imprisonment with the last five years suspended. After defendant had served his prison term, the District Court of Yellowstone County revoked the suspended sentence and ordered him returned to prison to serve the remainder of the sentence. Defendant attacks this exercise of discretion by the court. We affirm.

The sole issue on appeal is whether the District Court abused its discretion when it revoked the defendant’s suspended sentence, absent findings that continued probation would be at odds with…