Narrative Opinion Summary
In this case, the court addressed the defendant's appeal regarding a life sentence with a 15-year minimum term imposed after a murder conviction. The defendant did not object to the sentence during the trial, prompting the state to argue the issue was unpreserved for appeal, referencing State v. Farmer. However, the court differentiated this case from Farmer by identifying the life sentence as a standard sentence, not a departure. Citing State v. Morgan and State v. Bellek, the court recognized the life sentence as a reversible error apparent on the record. Consequently, the court granted the state's motion for reconsideration, modifying its prior opinion. It remanded the case for resentencing, ordering the trial court to remove the life sentence and enforce post-prison supervision for the defendant's life. The court upheld the 15-year prison term as lawful. Reconsideration was permitted, and the opinion was adjusted to reflect this decision, thereby altering the sentencing framework initially imposed.
Legal Issues Addressed
Modification of Sentences on Reconsiderationsubscribe to see similar legal issues
Application: Upon granting reconsideration, the court modified the sentence by removing the life imprisonment and substituting it with post-prison supervision for life.
Reasoning: Consequently, the court remanded the case for resentencing, instructing the trial court to remove the life imprisonment sentence and impose a judgment for post-prison supervision for the defendant's life.
Preservation of Issues for Appealsubscribe to see similar legal issues
Application: The defendant's failure to object to the life sentence during trial raised the issue of whether the matter was preserved for appeal.
Reasoning: The defendant had not objected to the sentence during the trial, leading the state to argue that the issue was unpreserved for appeal, citing State v. Farmer.
Reversible Error and Apparent Error on the Recordsubscribe to see similar legal issues
Application: The court identified the life sentence as a reversible error that was clearly evident on the record, warranting correction.
Reasoning: Under State v. Morgan and State v. Bellek, the court found that the life sentence constituted reversible error and was apparent on the record.
Standard Sentencing versus Departure Sentencingsubscribe to see similar legal issues
Application: The court distinguished the instant case from a precedent involving a departure sentence, concluding that the life sentence was a standard sentence and not a departure.
Reasoning: The court distinguished this case from Farmer, noting that the defendant's life sentence was not a departure but a standard sentence.