State v. McClean

MARING, Justice.

[¶ l]Mark Edward McClean appeals the trial court’s sentence following his criminal conviction of sexual assault, a class B misdemeanor, and unlawful imprisonment, a class A misdemeanor. We conclude the trial court did not abuse its discretion in imposing both the maximum periods of imprisonment and probation for misdemeanors. We further conclude the trial court did commit obvious error in sentencing McClean to two consecutive terms of imprisonment in excess of one year, in violation of section 12.1-32-11(3), N.D.C.C. We reverse the trial court’s Criminal Judgment and…