State v. Peterson

This is an own motion determination of appealability in a criminal case. The issue is whether the trial court had jurisdiction to enter an amended judgment adding two new conditions of probation after the notice of appeal had been filed from the original judgment when there had been no violation of probation.

Defendant was convicted of assault in the fourth degree and given a one-year sentence of probation, subject to various conditions. After he had timely appealed from that judgment, the trial court entered an amended judgment containing new requirements that defendant reimburse the state…