State v. Taylor

Leben, J.:

This case presents a question of statutory interpretation related to the sentencing of a persistent sex offender. Specifically, the court must determine whether a prior conviction upon which a defendant has been classified as a persistent sex offender may be used when calculating his criminal history score for sen tencing purposes. Because we conclude that the trial court’s use of the prior conviction for both of these purposes was contrary to law, we reverse and remand for resentencing.

The defendant here, Allen D. Taylor, pled no contest in 1998 to two counts of aggravated indecent…