State v. Nelson

Judge COZORT

concurs in part and dissents in part.

I concur in holding that the trial court erred in finding as a factor in aggravation that the offense was especially cruel. However, I believe the case should be remanded for resentencing only because I find no error in either the trial court’s order substituting family-retained counsel for appointed counsel or its refusal to allow the defendant to introduce evidence of his insanity.

On the facts of this case, the trial court’s decision to enter an order substituting family-retained counsel for appointed counsel, who could not be present when…