State v. Shove

The State appeals the early release and resentencing of Arliss Shove, 6 months after a determinate sentence had been entered. We hold the trial court had jurisdiction to modify its sentence, but remand for proper sentencing.

On February 14,1986, Arliss Shove pleaded guilty to four counts of first degree theft pursuant to a plea agreement whereby the State agreed to dismiss a fifth count, and Mrs. Shove agreed to the State's recommended sentence, including full restitution to the victim. On March 21, 1986, the trial court sentenced Mrs. Shove to 12 months' partial confinement at the Spokane…