COM. V. GADDIE
CRIMINAL: Sentence Modification
OPINION BY MINTON; NOBLE NOT SITTING
DATE RENDERED: 11/21/2007
SC affirmed CA’s finding that the district court did not have jurisdiction to increase the Defendant’s underlying term of prisonment in conjunction with a referral to drug court more than ten days after imposition of sentence despite the Defendant’s consent. SC held that (1) under CR 59.05, the district court was without power to amend the final judgment over eight months after its entry to increase Gaddie’s term of imprisonment from 180 days to twelve months, and (2) referral to drug court was not a reason of extraordinary nature under CR 60.02(f) that would allow the district court to amend the final judgment.