State v. Wittenberg

OPINION

NORTON, Judge.

• On November 29, 1988, the Carver County District Court revoked appellant’s probation and executed a 90 day jail sentence for misdemeanor driving after revocation. We affirm.

FACTS

On January 6, 1988, appellant Thomas Wittenberg pleaded guilty to the misdemeanor charge of driving after revocation. Appellant’s sentence, of 90 days in jail and a $700 fine, was stayed for one year, conditioned on appellant committing no misdemeanor traffic violations while on probation.

In August 1988, the state moved the trial court to vacate the stayed sentence, claiming appellant had…