State v. Martin

Marquardt, J.:

Following a jury trial, Edward B. Martin was convicted of one count of conspiracy to commit identity theft and four counts of identity theft. On appeal, Martin challenges his sen*643tence. We vacate Martin’s sentence and remand the case to the trial court with directions.

Prior to trial, the State filed a motion for an upward dispositional departure sentence. The State notified the trial court that should Martin be convicted of the crimes, it wanted the jury to make, a special finding as to whether Martin was the “boss, ‘kingpin,’ organizer, [or] supervisor” of the identity theft…