People v. Rael

BABCOCK, Judge.

Defendant appeals from an order denying his Crim.P. 35 motion. He alleges that he was denied effective assistance of counsel and that the sentence was excessive and illegal. We affirm in part, reverse in part, and remand with directions.

Pursuant to a plea agreement whereby the prosecution agreed to dismiss four other counts, defendant pled guilty to child abuse resulting in death, a class three felony. The court sentenced the defendant to fifteen years plus one year of parole which exceeded the presumptive range for a class three felony.

The defendant appealed the sentence…