Jackson v. State

BOEHM Justice,

concurring and dissenting.

I concur in the affirmance of the conviction, but dissent from the majority’s view that the sentence must be affirmed. I cannot divine from this record whether the trial court intended to impose 5 years more than the correct presumptive sentence (45 years), or 5 years less than the maximum (55 years). Accordingly, I believe a new sentencing hearing is required.

SULLIVAN, J. concurs.