State v. Zoske
State v. Zoske
Opinion of the Court
*83Defendant petitions for reconsideration of our decision in State v. Zoske ,
Defendant appealed, raising two assignments of error related to sentencing. We agreed with defendant's first assignment of error that the trial court had plainly erred by imposing a work-crew condition as well as a sentence of incarceration.
Defendant argues in his petition for reconsideration that "[t]he correct disposition in this case is reversal of the portions of the judgment imposing work crew and a probation violation fee and remand for entry of a judgment deleting those terms."
In this case, which was in a plain-error posture, we did not rule out the possibility that the trial court could find some other way to effectuate its intention in sentencing defendant. For that reason, we concluded that a remand for resentencing was appropriate, and we adhere to that conclusion.
Reconsideration allowed; former opinion adhered to.
Defendant makes additional arguments, which we reject without written discussion.
In the argument section on the first assignment of error in his opening brief, defendant argued that "this court should reverse and remand for resentencing." In the argument section on the second assignment of error, defendant asserted that "this court should remand for resentencing." In the conclusion section of that brief, defendant asked us to "vacate the portions of the judgment imposing the $25 probation violation fee and the work crew requirement." In his reply brief, he requested that we "reverse the $25 probation-violation fee." Defendant did not develop an argument in either the opening or reply brief as to why any of those dispositions was correct. Given the varied positions that defendant took in his briefing, and that among those were positions advocating for remand and resentencing, defendant is not in a position to argue that that disposition was incorrect. Nevertheless, because it may be of some benefit to the bench and bar, we provide a brief explanation of our decision to adhere to our disposition.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.