State v. White

In a sentencing disagreement, as in baseball, there is ¡a marked advantage to batting last. There is, of course, no contest (and therefore no significance to holding the advantage) when sentencing judges are in harmonious accord. When two or more judges sentence the same individual for two or more crimes, however, there is always the risk of discord, advertent or inadvertent. The rules of the game must provide for just such an eventuality. Within the prescribed statutory range, each judge is autonomous when it comes to imposing sentence in the case before him. When two or more judges seek to…