Day v. State

SHEPARD, Chief Justice.

This case prompts us to articulate a standard for appellate review of trial court sentencing decisions which rest in part on impermissible grounds. A sentence supported by permissible grounds sufficient to persuade the reviewing court that the original sentencing decision would have been the same had the trial court not relied on the impermissible factor should be affirmed. When the appellate court cannot reach that conclusion with confidence, it should remand for a new sentencing or revise the sentence on appeal.

Appellant Mark Day was tried before a jury and convicted…