State v. Sharp

JAMES M. SMART, JR., Judge.

Paul Sharp appeals from a conviction after a bench-trial for second-degree assault on a corrections officer. Sharp was sentenced to a four-year term of imprisonment to be served concurrently with a sentence he already was serving. We affirm in part, reverse in part, and remand for resentencing.

Statement of Facts

On June 29, 2007, Corrections Officer Terri Krull observed inmate Paul Sharp smoking a cigarette in an outdoor yard at the Western Reception Diagnostic Correctional Center in St. Joseph. Krull had caught Sharp smoking in the same area the previous day and had…