Luckart v. State

OPINION

BOLGER, Judge.

James Luckart was convicted of attempted first-degree sexual assault. Superior Court Judge Patricia A. Collins referred the case to the three-judge sentencing panel based on her findings suggesting that it would be manifestly unjust to impose a sentence within the presumptive range for this offense. The panel agreed that it would be manifestly unjust to sentence Luckart within the presumptive range, but the panel declined to sentence Luckart because the panel conelud-ed that he did not have exceptional potential for rehabilitation. We conclude that the panel should have…