State v. Bise

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Defendant was found guilty of one count of facilitation of aggravated burglary and two counts of theft of property. After finding the presence of one enhancement factor, the trial court imposed concurrent three-year sentences for each offense. The court of criminal appeals found the enhancement factor did not apply and reduced each of the sentences to two years. The Supreme Court reversed the sentence modification by the court of criminal appeals and reinstated the sentence imposed by the trial court, holding (1) a sentence imposed by a trial court should be upheld so long as it is within the appropriate sentencing range and is otherwise in compliance with the purposes and principles of the sentencing statute; and (2) notwithstanding the trial court's reliance on an erroneous enhancement factor in this case, its imposition of three-year sentences was supported by the reasons articulated in the record. View "State v. Bise" on Justia Law