State v. McCarthy

Following Dennis McCarthy’s conviction for delivery of heroin, a dispute arose as to whether his prior conviction for solicitation to deliver heroin should count as one or three points in his offender score. The sentencing court scored the offense as one point, rejecting the State’s argument that our decision in State v. Howell1 controlled. The State appeals, arguing that the scoring conflicts with Howell. We reverse and remand for .resentencing.

FACTS

McCarthy pleaded guilty to delivery of heroin. At sentencing, the parties disagreed on how to score his prior conviction for solicitation to…