State v. Johnson
State v. Johnson
Opinion of the Court
Writ granted; court of appeal judgment reversed; sentence reinstated. The record in the instant case makes clear that the penalty originally imposed in 1975 was in no way affected by a misunderstanding of the limits required by law. The record therefore presented the successor judge with no “artic-ulable basis for concluding that the [original] district court imposed [the illegally lenient] sentence under a misapprehension of what the law required or of its full range of sentencing discretion,” and similarly presented no basis for finding “a reasonable doubt as to the intent of the original sentencing judge and the validity of the sentence ... imposed.” Accordingly, the resentencing court should have “presume[d] that the failure of the court expressly to impose the special restrictions required by law (e.g., parole disability) presented] the need only for ministerial correction of the record.” State v.
Lemmon, J., not on panel. See Rule IV, Part II, Section 3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.