State v. Tolliver

Brazil, C.J.:

James Tolliver pled guilty to burglary. At sentencing, the parties agreed with the presentence investigation (PSI) report’s statement that Tolliver had no criminal history, and Tolliver received 24 months’ probation pursuant to the presumption for a 7-1 offense. Three weeks after sentencing, the State moved to set aside Tolliver’s sentence as illegal, alleging Tolliver actually possessed a lengthy criminal history and was on parole when the burglary offense was committed. At a hearing on the motion, the State further claimed Tolliver had failed to advise the court services…