State v. Fulkrod

SHEPARD, Chief Justice.

Five years after appellee Richard E. Fulkrod received a forty-year sentence for voluntary manslaughter, the trial court reduced that sentence to twenty-five years over the prosecutor's objection. It had no authority to do so. We reverse.

Facts and Procedural History

In 1990, Fulkrod suffered a skull fracture when his head was caught between the bed and tailgate of a dump truck. He and his wife Sharon began to have marital problems that were at least partially attributable to the mental and physical aftereffects of the injury. On February 1, 1992, Fulkrod shot and killed…