Lewandowski v. State

OPINION

COATS, Chief Judge.

Jonathan M. Lewandowski was convicted of robbery in the first degree, a class A felony.1 As a first felony offender convicted of a class A felony, Lewandowski faced a presumptive sentence of five years of imprisonment.2 Lewandowski proposed a mitigating factor, that the conduct constituting his offense was among the least serious conduct *1221included in the definition of the offenses 3 He argued that the mitigating factor applied because he had used an inoperable pellet gun in the robbery. Superior Court Judge Michael L. Wolverton rejected the mitigating factor and…