Haney v. State

OPINION

By the Court,

Cherry, J.:

This appeal concerns whether the district court erred when it denied Randy Gene Haney’s motion to correct an illegal sentence following a guilty plea to attempted third-degree arson. Haney contended that his sentence of 12 months flat time was illegal because a flat time sentence violated the separation of powers doctrine and contravened legislative intent. We conclude that the district court should have granted Haney’s motion because flat time sentencing frustrates clear legislative intent to allow the sheriff to award good time credit.

FACTS

Haney pleaded guilty…