Narrative Opinion Summary
In this appellate case, the defendant challenged his convictions for seventeen crimes, which the court affirmed, but he also appealed the imposition of consecutive sentences for four counts. The defendant was sentenced to four consecutive 30-year terms, totaling 1440 months, which he contended violated the '400 percent rule' under the sentencing guidelines. This rule limits consecutive sentences to 400 percent of the maximum presumptive term for the primary offense, which is 130 months in this case, allowing for a maximum of 520 months. Although the defendant did not object to the sentence at trial, the state acknowledged the error. The court determined that, despite the lack of an objection, the error was a clear error of law on the record and exercised its discretion to review it. Recognizing the egregious nature of the error, the court concluded that justice necessitated a correction of the sentence. Consequently, while the convictions were upheld, the case was remanded for resentencing in accordance with the appropriate guidelines.
Legal Issues Addressed
Court's Discretion in Correcting Sentencing Errorssubscribe to see similar legal issues
Application: The court exercises discretion to correct a sentencing error that is evident and egregious to ensure justice is served.
Reasoning: The court decides to exercise its discretion to review the egregious error, concluding that allowing the incorrect sentence to remain would not serve justice.
Review of Unpreserved Sentencing Errorssubscribe to see similar legal issues
Application: The court may review an unpreserved error if it constitutes a clear error of law on the record.
Reasoning: The court notes that an unpreserved error may be reviewed only if it is a clear error of law on the record.
Sentencing Guidelines and the 400 Percent Rulesubscribe to see similar legal issues
Application: The imposition of consecutive sentences exceeding the 400 percent cap of the maximum presumptive term for the primary offense is considered an error.
Reasoning: The defendant received four consecutive 30-year sentences, totaling 1440 months, which he argues violates the '400 percent rule' of the sentencing guidelines, capping consecutive sentences at 400 percent of the maximum presumptive term for the primary offense.