Blankenbaker v. State

BLUE, Judge.

In this appeal, Joseph Lee Blankenbaker appeals the denial of his motion to correct sentence. He contends that once the county court announced that it would not impose incarceration and denied him a jury trial, the court could not impose a jail sentence upon a subsequent violation of probation. Although the county court denied Blankenbaker relief, it certified a question of great public importance. As discussed below, we answer the question in the negative and remand for further proceedings.

Blankenbaker was originally charged in county court with reckless driving. The county judge…