People v. Washington

STERNBERG, Judge.

The defendant, Marshall L. Washington, appeals from the order of the district court denying his Crim.P. 35(c) motion. We reverse.

On June 17, 1981, the defendant pleaded guilty to theft, a class three felony. He was ineligible for probation because of two prior felony convictions. At the time of sentencing, the defendant’s attorney and the prosecutor recommended that defendant be sentenced to community corrections.

The court stated that it was unwilling to give defendant a direct sentence to community corrections; instead, it wanted defendant to “earn” such a sentence. Although…