Washington v. Franklin
Annotate this CaseDefendant John Franklin challenged the Court of Appeals decision affirming his convictions and sentences on assault and drug possession charges. The Supreme Court granted review only on the question of whether Defendant was entitled to resentencing for counts I and III as a result of then-new legislation requiring sentencing courts to reduce the term of community custody when the total terms of confinement and community custody exceeded the statutory maximum. Upon review, the Supreme Court held that while the legislation applied retroactively, the legislature charged the Department of Corrections, not the sentencing court, with adjusting the length of community custody for those serving terms of confinement or community custody by modifying the end date for community custody. Thus, the Court concluded that Defendant was not entitled to resentencing by the trial court and it affirmed the Court of Appeals.
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