In January 2004, Otuwa Otuwa entered a negotiated guilty plea to burglary Count 1, criminal damage to property Count 7, and criminal trespass Count 8. The trial court granted his request for first offender probation and sentenced him to eight years on Count 1, three years on Count 7, and twelve months on Count 8, all terms to run concurrently. In 2008, Otuwa was indicted on three counts of vehicular homicide, resulting in revocation of his probation for the 2004 offenses. The court adjudicated Otuwa guilty of the 2004 offenses and sentenced him to an aggregate of 22 years, including 12 to serve on Count 1. We granted his application for discretionary review to consider his contention that the trial court lacked authority to increase the sentence originally imposed upon him in 2004. Finding no error, we affirm. The record shows that Otuwa was ordered to complete a “boot camp” program as a condition of his probation. In January 2007, the trial court entered an amended sentencing order, indicating that Otuwa “was sentenced . . . to 8 years probation . . . under the First Offender Act;” that he had “performed well while on probation;” and that he would not be required to complete the “boot camp” program. The following year, in August 2008, Otuwa was indicted on three counts of vehicular homicide arising out of the deaths of two victims, as well as driving under the influence of alcohol, driving too fast for conditions, reckless driving, and failure to maintain lane. Based on that indictment, the state filed a Petition for Adjudication of Guilt and Imposition of Sentence in the 2004 case. Following a hearing, the trial court found that Otuwa had violated the conditions of his probation by committing the indicted offenses. At the sentencing hearing, the court adjudicated Otuwa guilty of the 2004 offenses and sentenced him to an aggregate of 22 years, including 12 to serve in prison for the burglary and the rest on probation. The court ordered that Otuwa be given credit for probation served from January 2004.
1. On appeal, Otuwa argues that the trial court lacked authority to increase the sentence imposed in 2004 because that sentencing document was ambiguous. In the sentencing portion of the final disposition form, the court entered a felony sentence, providing that the defendant had been found guilty, was sentenced to confinement, and could serve the sentence on probation. On the other hand, the court also checked the box marked “First Offender Treatment.” That paragraph contained spaces for the court to impose confinement and/or probation, but those spaces were left blank. The paragraph stated that “upon violation of the terms of probation, the Court may enter and sic adjudication of guilt and proceed to sentence defendant to the maximum sentence provided by law. ” The bottom of the final disposition stated, however, that if probation were revoked, “ the Court may order the execution of the sentence which was originally imposed or any portion thereof in the manner provided by law.”
