State v. Wells

The defendant, following conviction of credit card forgery, appealed. Subsequent to the filing of the appeal and the filing of briefs by both parties but prior to oral argument, the defendant moved this court to remand his case to superior court for reconsideration of sentence. Defendant sets forth as grounds in support of his motion that the judge who imposed sentence has retired and another judge has indicated a willingness to consider modification of the sentence. The state resists this motion and contends the appeal should be decided on its merits.

Implicit in the defendant’s motion is the…