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STATE v. DIGGIE

No. 29198.

91 P.3d 1142 (2004)

140 Idaho 238

STATE of Idaho, Plaintiff-Respondent, v. Marcel James DIGGIE, Defendant-Appellant.

Court of Appeals of Idaho.

May 24, 2004.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Julie Dawn Reading, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.

WALTERS, Judge Pro Tem.

Marcel James Diggie pled guilty to burglary of a vehicle. The district court retained jurisdiction for 180 days, and eventually placed Diggie on probation. Subsequently, the court revoked Diggie's probation and ordered his full sentence into execution. Diggie appealed. We affirm the district court's order revoking Diggie's probation because the district court did not have jurisdiction to remove Diggie from the custody of the Department of Correction...

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