State v. Provencio

Defendant appeals his conviction for robbery in the second degree, challenging the sentence that the trial court imposed. He argues that the trial court erred in using a previous California conviction to calculate his criminal history score and in imposing an excessive term of post-prison supervision. The state concedes that the court erred in imposing the term of post-prison supervision, but it argues that the trial court correctly relied on the California conviction in calculating defendant’s criminal history score. We agree with defendant on both contentions and remand for resentencing.

Defe…