State v. Wagner

It is undisputed that defendant’s initial sentence and guilty plea were vacated as a result of the trial court improperly assigning defendant a prior record level of VI instead of his actual prior record level of V. Defendant thus received “the minimum mitigated sentence of 101 months for his criminal history” of Level VI, when defendant’s actual prior record level of V would translate to a minimum mitigated sentence of 90 months. Because defendant challenged this inaccu*666racy, he ended up being sentenced to two consecutive terms of 135 to 171 months, when the State, in defendant’s second…