State v. Fair

STEELMAN, Judge.

Unlike a stipulation to the existence of a prior conviction, which is binding on appeal, the trial court’s determination as to whether a conviction may be counted for felony sentencing purposes is reviewable on appeal.

I. Factual and Procedural Background

Defendant was found guilty by a jury of second degree murder. At the sentencing hearing, the prosecutor and defense counsel stipulated in writing to the defendant’s prior convictions and his record level. At the sentencing hearing, the following exchanges took place:

[Prosecutor]: . . . The only matter in sentencing, I have…