State v. Ramos

Defendant was convicted of several crimes, including assault in the second degree with a firearm. On that conviction, the trial court imposed an upward durational departure sentence of 144 months’ imprisonment and 36 months’ post-prison supervision. On appeal, defendant asserts various sentencing-related errors, among them that the court erred in imposing sentence on his second-degree assault conviction because the sentence exceeds the statutory maximum for the offense. He acknowledges that he failed to preserve that claim of error for appeal but urges us to correct it as error apparent on…