SENTENCING
- John P Rutkowski
- Nov 19, 2024
- 1 min read
Criminal law -- Plea -- Withdrawal -- Sentencing -- Considerations -- Trial court erred by denying defendant's motion to withdraw plea which asserted that trial court had considered impermissible sentencing factors -- Trial court's consideration of a dropped robbery charge was improper -- While a trial court may consider circumstances surrounding primary offense and a defendant's prior record, consideration of subsequent misconduct or pending or dismissed charges is impermissible and violates a defendant's due process rights -- Remand for resentencing before a different judge where, based on trial court's comments at sentencing, it cannot be said that sentence would have been the same without the impermissible considerations
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