Everage v. State

THOMPSON, Judge.

Everage appeals a sentence imposed on him pursuant to this court’s prior remand for resentencing. Everage’s first argument on appeal is that at the time he was resentenced the trial court lacked jurisdic*82tion to sentence him. We find merit in this argument, and reverse.

Everage’s initial sentence of 36 years incarceration exceeded the recommended guidelines sentence of 12 to 17 years. That sentence was appealed and this court ruled that three of the four reasons given for departure were invalid. The sentence was reversed and the cause remanded for re-sentencing. Everage v.…