People v. Ewing

AFTER REMAND

Brickley, J.

I am unable to agree entirely with the analysis adopted in the opinions of either Justice Boyle or Justice Archer. I believe that the trial judge was entitled to base his sentence not only on the defendant’s prior conviction, but also on testimony concerning the underlying facts of the prior conviction, a pending charge, and an uncharged offense. The defendant, however, was denied his right to test the accuracy of these allegations regarding his conduct.

For this reason, it is my opinion that this case should be remanded to the trial court. On remand, the sentencing…