State v. THOMAS, JR.

Pierron, J.:

Sam Thomas, Jr., appeals the district court’s probation order confining him until an opening was available in the community corrections residential program. Thomas argues the court had no authority to indefinitely confine him pending placement in the community corrections residential program.

The facts are not in dispute. On September 18, 1995, Thomas pled guilty to possession of cocaine, possession of a controlled substance without a tax stamp, and criminal use of a weapon. His classification of 4-1 put him in the presumptive probation portion of the sentencing grid for drug…