Mainor v. StateAnnotate this Case
The Court of Appeals reversed the judgment of the court of special appeals affirming Defendant's convictions and sentences for home invasion, first-degree assault and reckless endangerment, holding that the trial judge abused his discretion by denying Defendant's request to postpone sentencing.
Following the jury's verdict, Defendant requested a postponement of the trial court's move to sentencing in order to prepare mitigating information for the court's consideration. Defendant specifically requested an order for a long-form presentencing investigation report, indicating that additional time would allow his mother to testify on his behalf. The trial court denied Defendant's request and imposed a sentence in his mother's absence. The court of criminal appeals affirmed. The Court of Appeals reversed and remanded the case with directions to vacate Defendant's sentence, holding that, under the circumstances of this case, the trial judge abused his discretion by refusing to postpone Defendant's sentencing process.