RAPID CITY, S.D. (AP) — A federal judge has resentenced a former South Dakota state's attorney convicted of tax evasion to five years of probation.

The Rapid City Journal reports that U.S. District Judge Jeffrey Viken ruled that the original prison sentence he imposed was illegal. Viken on Wednesday resentenced 48-year-old Ken Orrock for evading businesses taxes.

He had previously ordered Orrock to complete 12 months in prison by serving the time on weekends over 3 1/2 years. Viken had crafted the unusual sentence so that Orrock could maintain his business, pay back the Internal Revenue Service and help care for his special needs son.

But Viken in an order earlier in October invalidated that sentence after the federal Bureau of Prisons said it can only implement intermittent confinement of up to a year.

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