Wells v. State

OPINION

WORKE, Judge.

Appellant challenges the district court’s denial of his postconviction-relief petition, arguing that the district court erred by sentencing him to an executed 48-month prison term for first-degree burglary after sentencing him to probation for the greater offense of first-degree assault, and by entering a conviction for second-degree assault. We conclude that the district court did not abuse its discretion in sentencing appellant on the burglary and first-degree-assault convictions, but erred by also entering a conviction for second-degree assault. Therefore, we affirm in…