Elmore v. State

Plain and simple: it is ineffective assistance of counsel to fail to object to an illegal sentence. This is the only statement of law necessary to this case. And most importantly, the majority agrees with this statement in its entirety. Because it is legion failing to object to an illegal sentence is ineffective assistance of counsel,1 *468no further considerations remain. Mr. El-more’s sentence should be reversed because his counsel was — undeniably and incontestably — ineffective.

The majority uses preservation principles from a wholly different context to deny Mr. Elmore what is patently clear—…