State v. Burgess

The question in this appeal is a narrow one: Where the trial court imposed a specific sentence and deferred its execution, and the sentence did not provide for probation, did the court have the authority thereafter to add a term of probation at a later hearing on the deferred sentence? In the circumstances of this case, we hold that it did not.

*52In February 1993, the defendant, Kenneth Burgess, pled guilty to one count of disobeying a police officer. RSA 265:4 (1993). On April 27,1993, the Superior Court {Barry, J.) sentenced Burgess to one to three years in the New Hampshire State Prison,…