State v. Bivens

Paula Bivens was accused of embezzling funds from her employer, the United Way of Magic Valley. Bivens pled guilty to grand theft and was sentenced to the custody of the Board of Correction for seven years with a three-year minimum period of confinement. I.C. § 18-2407; I.C. § 18-2408. The district court also retained jurisdiction over Bivens for 120 days, to retain the option of granting probation during this initial period of incarceration, if the judge is satisfied by the Board’s further evaluation of Bivens that probation is then warranted. On appeal, Bivens contends that the district…