State v. Cortez

SNELL, Justice.

The State filed an application for discretionary review of a district court’s construction of a sentencing statute. Review was granted, and we now hold the district court’s interpretation of the statute was in error. The judgment is vacated, and the matter is remanded for further proceedings.

I. Background Facts and Proceedings

On October 2, 1998, defendant, Jason Cortez, was charged with possession of marijuana. Cortez entered into an agreement with the State whereby he pled guilty to possession of a controlled substance (third offense — class “D” felony). In exchange, the State…