State v. Roy

The state appeals from an order that determined that defendant had committed a probation violation and that continued defendant’s probation, rather than revoking probation and imposing a sanction of imprisonment. The state argues that the trial court erred in failing to revoke defendant’s probation and, particularly, that the court’s failure in that regard violated the terms of a stipulated sentencing agreement by which a violation of probation would result in the revocation of probation and the imposition of a 16-month prison term. As explained below, we conclude that the order is not…