Narrative Opinion Summary
Trotter appeals his sentencing, claiming the guidelines scoresheet was incorrectly calculated. The court agrees, noting that the burglary conviction was improperly classified as a second degree felony when it should have been categorized as a third degree felony. This misclassification resulted in an inaccurate maximum guidelines sentence of 4.5 years instead of the correct 8 years. The court reverses the sentence and remands the case for resentencing. Judges Ervin, Joanos, and Nimmons concur with the decision, dismissing the state’s counter-argument as frivolous.
Legal Issues Addressed
Appellate Court's Authority to Reverse and Remand for Resentencingsubscribe to see similar legal issues
Application: Upon finding the sentencing error, the appellate court reversed the original sentence and remanded the case for a proper resentencing.
Reasoning: The court reverses the sentence and remands the case for resentencing.
Correction of Sentencing Guidelines Scoresheetsubscribe to see similar legal issues
Application: The misclassification of the offense degree led to an erroneous calculation of the sentencing guidelines, necessitating a correction and resentencing.
Reasoning: This misclassification resulted in an inaccurate maximum guidelines sentence of 4.5 years instead of the correct 8 years.
Judicial Concurrence in Appellate Decisionssubscribe to see similar legal issues
Application: All judges involved concurred with the decision to correct the sentencing error and dismiss the opposing argument.
Reasoning: Judges Ervin, Joanos, and Nimmons concur with the decision, dismissing the state’s counter-argument as frivolous.
Misclassification of Offense Degree in Sentencingsubscribe to see similar legal issues
Application: The court found that the burglary conviction was incorrectly classified, affecting the sentencing guidelines and resulting in an inaccurate sentence.
Reasoning: The court agrees, noting that the burglary conviction was improperly classified as a second degree felony when it should have been categorized as a third degree felony.