Gilbert v. State

OPINION

Before BRYNER, C.J., and COATS and SINGLETON, JJ. BRYNER, Chief Judge.

In this case John Gilbert appeals, challenging as excessive a sentencing order entered by Superior Court Judge Ralph E. Moody upon revocation of Gilbert’s probation. The order imposed the full unserved portion of Gilbert’s original sentence of five years with four years suspended. Because we find that the trial court did not adequately consider the applicable sentencing criteria, we vacate the sentence and remand for resentencing.

Gilbert was originally convicted on January 19, 1979, of two counts of assault with a…