People v. Misenhelter

CRISWELL * , J.

Defendant, Paul Misenhelter, appeals the sentence imposed upon the judgment of conviction entered following his guilty plea to aggravated incest and negligent child abuse. We vacate and remand for further proceedings.

Pursuant to a plea agreement, defendant pleaded guilty to aggravated incest and an added count of negligent child abuse. The parties’ agreement provided for a sentence to probation on the aggravated incest count and a sentence for negligent child abuse not to exceed twenty-five years. Although a sentence to twenty-five years would have required a finding of…