State v. Birky

WALTERS, Chief Judge,

specially concurring.

I agree that the judgment and sentence in this case should be affirmed, but for a reason other than addressed in the foregoing opinion. In my view, this appeal should be denied on the ground of invited error.

The record of the sentencing proceeding shows that the sentence received by the defendant was specifically requested by his counsel, consistent with a bargained plea agreement with the state. He is now in a poor position to argue that the court abused its sentencing discretion after the court imposed the exact same sentence pleaded for by the…