The State v. Ozment

McFadden, Judge.

The state appeals from the trial court’s order dismissing three counts of an accusation after the court had accepted the defendant’s guilty plea to another count of the accusation. Because the trial court erred in dismissing the counts of the accusation, we reverse the order of dismissal. However, we reject the state’s further request that we vacate the sentence imposed for the count to which the defendant pled guilty because the state has failed to carry its burden of showing that the sentence was improper.

In a four-count accusation, the state charged Gregory Ozment with…