State v. Osborn

OPINION

BARKER, Judge.

¶ 1 Ned Osborn, Jr. (“Osborn”) appeals his sentence on one count of possession or use of dangerous drugs. Osborn argues that the trial court committed fundamental error by finding that he had an historical prior felony conviction for purposes of sentencing. For the reasons that follow, we determine that there was fundamental error and remand for the trial court to determine whether there was prejudice and whether re-sentencing is required.

Facts and Procedural History

¶ 2 On April 3, 2007, the State charged Osborn with two counts of aggravated assault, one count of…