State v. Daniels

STROUD, Judge.

Ronnie Lamar Daniels (“defendant”) appeals from the trial court’s judgments sentencing him for convictions for first-degree rape and second-degree kidnapping. Because the trial court’s resentencing of defendant for his first-degree rape conviction exceeded his original sentence, we vacate defendant’s sentence as to his first-degree rape conviction and remand for a new sentencing hearing. Additionally, because defendant was sentenced within the presumptive range for his conviction of second-degree kidnapping, we dismiss his appeal as to that issue.

I. Background

On 20 March 2007, a…