Parson v. State

OPINION

Senior Judge COATS.

Edwin Francis Parson was convicted of fourth-degree assault 1 for striking and injuring his wife. Parson requested a suspended imposition of sentence (SIS), but he was-instead sentenced to 60 days with 60 days suspended. He now appeals the district court’s denial of his request for an SIS.

The State asserts that Parson has no right to appeal the denial of his request for an SIS, and that this Court does not have jurisdiction to hear Parson’s appeal, because Parson’s active (i.e., unsuspended) term of imprisonment does not exceed 120 days. 2

For the reasons explained in…