Peterson v. State

DANAHY, Chief Judge.

The defendant appeals an order of violation of probation and the judgment and sentence entered on the underlying crime.

In 1982 the defendant was charged with two counts of DWI manslaughter and pled guilty to both. He was adjudicated guilty and sentenced to seven and one-half years in prison on count I and to a concurrent ten-year term of probation on count II. The defendant was subsequently released from prison after serving three and one-half years with respect to count I, and continued his probationary term as to count II.

In 1986 an affidavit of probation violation was…