Gause v. State

Robert Paul Gause appeals the summary denial of his motion for postconviction relief in which he asserted three grounds of error. We agree that the trial court failed to adequately refute Gause’s argument that his sentence was improperly enhanced. Accordingly, we reverse and remand for consideration of this single issue.

Gause was charged with first-degree burglary and attempted second-degree murder with a firearm. The jury convicted him of burglary as charged. However, rather than attempted murder, the jury found him to be guilty of the lesser included offense of aggravated battery with a…