State v. BarnesAnnotate this Case
The Supreme Court vacated the judgment of the intermediate court of appeals (ICA) and the portion of the circuit court's judgment of conviction and sentence sentencing Defendant, holding that the circuit court plainly erred by considering Defendant's refusal to admit guilt in imposing his sentence.
After a jury trial, Defendant was convicted of four counts of sexual assault in the first degree as to a minor and one count of sexual assault in the first degree as to another minor. The circuit court sentenced Defendant to a term of twenty years for each count, with terms for four of the counts to be served concurrently and the term for the remaining count to be served consecutively to the foregoing terms. The ICA affirmed. The Supreme Court reversed and remanded the case for resentencing, holding that while the arguments Defendant raised on appeal lacked merit there was clearly an indication that Defendant's sentence was likely to have been improperly influenced by his persistence in his innocence.