State v. Mims

Appellant pleaded guilty but mentally ill to assault with intent to kill. He was sentenced to imprisonment for twenty (20) years suspended upon the service of ten (10) years with probation for five (5) years. We remand for resentencing.

Appellant apparently fired a shotgun at police officers who were attempting to take him to the State Hospital for a court-ordered examination. The officers were not injured.

At the plea hearing, appellant’s counsel argued that the maximum punishment for assault with intent to kill is ten (10) years since the twenty (20) year sentence for assault and battery with…