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Lanni v. State6/27/2001
nt of uttering a check with insufficient funds.
The supreme court held that the trial court's order suspending imposition of sentence could not be imposed consecutively; rather, the defendant's SIS probation had to begin when the trial court sentenced Cochran: "The period of suspension and probationary term had to begin when the court's order was entered. Having elected not to impose a sentence at that time, on the one count, the court necessarily suspended the imposition thereof as of that date." The supreme court concluded that the proper interpretation of the trial judge's sentence was that Cochran's SIS probation would end five years after he had served his six-year term of imprisonment on the forgery conviction, for a total of eleven years.
Thus, in an analogous situation, the supreme court carried out the sentencing judge's intent that Cochran serve his SIS probation following his period of incarceration. Lanni's case is similar. Judge Steinkruger clearly communicated her intent to revoke Lanni's driver's license for a period of six years following his release from confinement. That Lanni's license must also be revoked during his period of confinement does not appear to be a significant disability. This is most certainly why Judge Steinkruger wanted the revocation extended for several years following Lanni's release.
The supreme court's decision in Cochran suggests we can and should uphold Judge Steinkruger's sentencing intent. We therefore conclude that Judge Steinkruger did not err in denying Lanni's motion to modify his license revocation.
AFFIRMED.
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