State v. Winston

I dissent for the reasons expressed in the original opinion and add the following observations.

This court requires trial courts to particularize each sentence to the offense and the offender, and we should be bound by the same standards. The enunciation of a valid factual basis for sentence is critical to sentencing and review. The majority’s finding of an “admission” on Winston’s part that he had “earlier frequent involvement in the drug trade” is dubious on this record. A questionable finding on such a critical point as the defendant’s past conduct can be reversible error. State v. Drummer,…