DeMario v. State

OPINION

BRYNER, Chief Judge.

In this expedited appeal, Dominic A. De-Mario contends that the district court violated his right to protection against double jeopardy by increasing a previously imposed sentence. 1 We find no double jeopardy violation but conclude that DeMario is entitled to a new sentencing hearing.

DeMario originally pled no contest to two counts of fourth-degree assault. District Court Magistrate Lynn Christensen sentenced DeMario to consecutive terms of 270 days with 180 days suspended. The state later moved to revoke DeMario’s probation for failure to comply with the probation…