State v. Diggie

WALTERS, Judge Pro Tem.

Marcel James Diggie pled guilty to burglary of a vehicle. The district court retained jurisdiction for 180 days, and eventually placed Diggie on probation. Subsequently, the court revoked Diggie’s probation and ordered his full sentence into execution. Diggie appealed. We affirm the district court’s order revoking Diggie’s probation because the district court did not have jurisdiction to remove Diggie from the custody of the Department of Correction and to grant him probation in the first instance.

I

FACTUAL AND PROCEDURAL BACKGROUND

In May 2001, Diggie entered a vehicle…