State v. Harkness

¶1 After pleading guilty to two charges related to controlled substances, James Harkness was sentenced on April 5, 2005. Almost two years later, Harkness requested that the court amend his sentence and grant him a drug offender sentencing alternative (DOSA). The trial court agreed and entered a DOSA conditioned upon the Department of Corrections’ (DOC) determining Harkness’ eligibility for the new sentence. Because the trial court lacked authority to delegate the determination of DOSA eligibility to the DOC or to modify the final judgment and sentence, we vacate the first amended judgment and…