Preston v. State

OPINION

DIMOND, Senior Justice.

Melody Preston was convicted of burglary in a dwelling, and was sentenced to eight years’ imprisonment with three years suspended. On appeal, this court held that the five years’ imprisonment she would be obliged to serve under the superior court’s sentence was not warranted.

In our opinion, Preston should not be sentenced to imprisonment for more than three years, followed by a period of five years’ probation. 1

The case was remanded to the superior court “for resentencing consistent with this opinion,” 2 with a mandate to resentence Preston in conformity with our…