State v. Willey

I agree with the majority opinion that the defendant’s conviction should be upheld. I would also uphold the sentence imposed, however, because I believe the trial court sustainably exercised its discretion in considering the defendant’s post-offense conduct and testimony at trial, as they are reasonably related to the purposes of sentencing. Therefore, I respectfully dissent as to the portion of the opinion vacating the sentence and remanding for resentencing.

The majority relies on three factors in asserting that a remand for resentencing is required: (1) the majority’s inability to conclude…