AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Defendant was convicted of one count of aggravated battery upon a peace officer (deadly weapon) following a guilty plea pursuant to a plea and disposition agreement (para 1).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Appellant: The Defendant argued that the district court erred in determining she was disqualified from receiving a suspended sentence due to a prior unsatisfactory discharge from probation. The Defendant also contended that the district court abused its discretion by sentencing her to three years of incarceration without the possibility of suspension, based on the probation office's internal policy against accepting probationers with a history of unsatisfactory discharge (paras 2-3).
• Appellee: The State, implicitly, supported the district court's decision, as indicated by the court's dismissal of the Defendant's appeal (para 1).

Legal Issues

• Whether the district court erred in determining that the Defendant was disqualified from receiving a suspended sentence due to a prior unsatisfactory discharge from probation (para 2).

Disposition

• The appeal was dismissed, upholding the district court's judgment, sentence, and commitment (para 5).

Reasons

• Per LINDA M. VANZI, Judge (MICHAEL E. VIGIL, Chief Judge, and M. MONICA ZAMORA, Judge concurring), the court dismissed the Defendant's appeal. The court proposed to dismiss the appeal based on the Defendant's waiver of the right to challenge her sentence on appeal by entering an unconditional guilty plea. The Defendant did not demonstrate any jurisdictional error or provide legal support that the district court's alleged abuse of discretion constituted a jurisdictional error. The court suggested that if the Defendant wished to further pursue her challenge to her sentence, she could file a petition for habeas corpus (paras 2-5).