State v. Rice

The decision of the court was delivered by Nuss, C.J.:

*432 Jerry Rice appeals the district court's denial of his motions to modify his sentence and to order a new presentence investigation report (PSI) on remand from the Court of Appeals decision vacating his original sentence. Specifically, Rice argues the court erred in not only declaring it had no authority to order probation but also failing to take into account his current health issues and efforts at rehabilitation.

We hold Rice was not prejudiced by the court's denial of his request for a new PSI. But we remand for that court to consider on…