Gretka v. State

HALL, Judge.

Daniel Gretka challenges his sentence for conspiracy to commit robbery with a firearm as in excess of the statutory maximum. We agree that Gretka’s sentence improperly exceeds the statutory maximum and remand for resentencing.

Gretka was sentenced to two concurrent terms of five and a half years’ imprisonment, to be followed by ten years’ probation, upon his convictions for conspiracy to commit robbery with a firearm and armed robbery. These sentences were within the permitted range according to Gretka’s scoresheet, and the sentence for armed robbery with a firearm is within the…