State v. Solles

Larry Solles appeals from an order denying his motion to reduce the sentence the trial court imposed after vacating his original sentence. The question is whether when resentencing a defendant, the trial court may take into account present circumstances concerning the defendant's good record and character. We hold to the contrary: the sentence must be based upon the circumstances as they existed when the original sentence was imposed. We therefore affirm.

In 1976, Solles was sentenced to terms totalling sixty years. The trial court imposed the maximum sentence for each conviction and directed…