State v. Pierce

OPINION CONCURRING IN PART AND DISSENTING IN PART

Patricia Breckenridge, judge

I concur in the principal opinion's holding that the circuit court did not err in overruling Bryan Pierce's motion to suppress evidence. I respectfully dissent, however, from the principal opinion's holding that the circuit did not err in sentencing Mr. Pierce based on a mistaken belief as to the applicable enhanced range of punishment.

The principal opinion acknowledges the circuit court misstated the range of punishment on the record at the sentencing *907hearing when it stated expressly, on the record, that the…