State v. Russell

Malone, J.:

Rusty S. Russell appeals his sentence for aggravated battery. The issue is whether the district court erred in granting the State’s motion to reconsider sentence based upon an error in determining Russell’s criminal histoiy score. We affirm.

On January 26,2005, Russell was convicted of aggravated battery after a jury trial. His sentencing was scheduled for April 8, 2005. Russell’s presentence investigation (PSI) report reflected a criminal history score of B, which included two prior person felony convictions. Russell challenged one of the person felony convictions of arson of an…