State v. Lovell
Annotate this CaseDefendant pled guilty to two counts of incest and was sentenced to two consecutive terms of incarceration not to exceed five years. The Supreme Court remanded the case for resentencing on the grounds that the district court had relied upon an improper sentencing consideration. Upon resentencing, the district court again sentenced Defendant to two consecutive terms of incarceration not to exceed five years. In so doing, however, the court again referred to the impermissible sentencing factor. The Supreme Court vacated the sentence, holding that although the district court attempted to disclaim the reference to the impermissible sentencing factor, Defendant’s sentence must be vacated and remanded for resentencing to protect the integrity of the judicial system from the appearance of impropriety.
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