McGuire v. State

Defendant pleaded guilty to one count of Class A felony child molesting. During the plea hearing and at sentencing, the prosecutor, the defense counsel, and the trial court agreed that the statutory sentencing range for Defendant’s sentence was thirty to fifty years. Defendant was sentenced to a term of forty years. However, the statutory sentencing range for Defendant’s crime was twenty to fifty years. On appeal, Defendant argued that the trial court’s sentence was based on a mistaken understanding of the minimum sentence. The court of appeals affirmed Defendant’s sentence. The Supreme Court granted transfer and remanded the case to the trial court for resentencing, holding that, under the circumstances of this case, remand was appropriate. View "McGuire v. State" on Justia Law

Posted in: Criminal Law

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