State v. Benfield

ARNOLD, Judge.

Defendant’s foremost contention is that the trial court erred in its finding of 12 factors in aggravation at the sentencing hearing. We agree and are compelled to remand this case to superior court for resentencing.

One finding made by the court was that “a charge for which separate punishment would have been imposed has been consolidated for judgment in this case.” This finding was based on the fact that the shots fired into the bedroom window of the Shaffer residence resulted in both a misdemeanor charge of assault with a deadly weapon, for the offense against defendant’s wife,…