State v. Fields

OPINION

AMDAHL, Chief Justice.

The issue on this appeal is whether defendant, O’Darius Marcus Fields, properly challenged an upward durational departure from the presumptive sentence by moving for a modification of the sentence at the hearing on the revocation of the stay of execution of sentence and then appealing from the denial of the motion. The court of appeals, in refusing to decide the validity of the departure, held that in order to get the sentencing issue before the court of appeals the defendant first must formally petition for postconviction relief and then appeal from the denial of…