Duncan v. State

OPINION

BRYNER, Chief Judge.

The sole question presented in this sentence appeal is whether the three-judge sentencing panel may consider the mitigated nature of a defendant’s prior felony conviction as a factor in the overall determination of whether imposition of the presumptive term for a subsequent felony conviction would be manifestly unjust. We conclude that the three-judge panel is not barred from considering the circumstances surrounding the defendant’s prior conviction.

Some time between December 18, 1987, and January 1, 1988, Ralph Duncan stole approximately $7,500 in jewelry from the…