State v. Dunn
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The Supreme Court affirmed in part and vacated in part the decision of a panel of the court of appeals vacating Defendant's sentence of seventy-eight months' imprisonment and addressing and determining the three additional issues raised by the parties on appeal, holding that the holding of the panel on two issues was merely advisory.
On appeal, Defendant argued that the district court erred in imposing lifetime postrelease supervision and lifetime electronic monitoring and erred in failing to grant him good time credit. For the first time on appeal, the State argued that the district court imposed an illegal sentence by departing more than fifty percent from a standard guideline sentence. The panel concluded that the district court illegally sentenced Defendant to only seventy-eight months and then determined the other issues raised on appeal. The Supreme Court held (1) the panel correctly determined that the seventy-eight-month sentence imposed was illegal; and (2) because any further consideration on the merits could result in holds merely advisory, the panel's holdings on the two remaining issues on review is vacated.
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