State v. Banks

KELLEY, Justice.

This is a sentencing appeal. At issue is the computation of the defendant’s criminal history score. This in turn involves determining whether two offenses, for which defendant was sentenced using the so-called Hernandez method of computing the criminal history score,1 were committed as part of a single behavioral incident or course of conduct. A related issue is whether the prosecutor breached a promise not to make any recommendation as to the sentence defendant should receive or as to the computation of defendant’s criminal history score and, if so, what relief would be…