Narrative Opinion Summary
The appellant's conviction for manslaughter is upheld, but the accompanying sentence, which required a mandatory minimum of three years, is vacated based on precedents from Akins v. State and Jones v. State. The case is remanded for resentencing, and the appellant is not required to be present during this process. The decision is affirmed but remanded for resentencing, with concurrence from Judges Hurley, Dell, and Associate Judge Dwight L. Geiger.
Legal Issues Addressed
Appellate Review of Convictionsubscribe to see similar legal issues
Application: The appellate court upheld the appellant's conviction for manslaughter, affirming the trial court's decision on this charge.
Reasoning: The appellant's conviction for manslaughter is upheld.
Resentencing Proceduressubscribe to see similar legal issues
Application: The case is remanded for resentencing, and the appellant is not required to be present during this process.
Reasoning: The case is remanded for resentencing, and the appellant is not required to be present during this process.
Sentencing and Vacatursubscribe to see similar legal issues
Application: The mandatory minimum sentence of three years was vacated due to precedent cases, necessitating a remand for resentencing.
Reasoning: The accompanying sentence, which required a mandatory minimum of three years, is vacated based on precedents from Akins v. State and Jones v. State.