People v. Herrera

Opinion by

JUDGE DUNN

T1 Defendant, Arturo Cutberto Herrera, appeals his sentence on three grounds. He argues that the district court: (1) erred in resentencing him after he was rejected from placement in a community corrections program without first holding a hearing; (2) failed to exercise its discretion when it converted his six-year community corrections sentence to a Department of Corrections (DOC) sentence; and (8) in the alternative, abused its discretion when it resentenced him to six years in DOC. We reject these arguments and affirm.

I. Background

12 Herrera pleaded guilty to third…