State v. Weekes

The opinion of the court was delivered by Johnson, J.:

Lawson J. Weekes III seeks review of the Court of Appeals decision to dismiss his appeal of the district court's failure to modify his guideline sentence upon revocation of his probation. We reverse the Court of Appeals dismissal and remand to that court to reinstate the appeal.

FACTUAL AND PROCEDURAL OVERVIEW

Pursuant to a nolo contendere plea, the district court found Weekes guilty of unlawful possession of hydrocodone and sentenced him to 12 months' probation with an underlying prison term of 30 months. About halfway through the probation…