State v. Rutherford

OPINION

GRANT, Judge.

The state appeals from the trial court’s order modifying appellee Rutherford’s probation. This order modified a previous condition of probation which required Ruther ford to serve one year “flat” in the county jail. Previously, the parties executed a plea agreement which provided in relevant part that:

The parties stipulate to the following additional terms: (These stipulations are subject to court approval at the time of sentencing as set forth in paragraph 5.) If the defendant is placed on probation he shall serve one year (flat) in the county jail.

The trial court…