State v. Cody

The opinion of the court was delivered by

Abbott, }.:

This is a direct appeal by the defendant, Barry A. Cody, from his sentence after pleading guilty to drug possession charges. In 1999, Cody pled guilty and was sentenced to a controlling term of 72 months’ imprisonment. The sentence twice exceeded Cody’s base sentence and was therefore illegal. The mistake was caught by the Department of Corrections, which notified the *565trial court. The trial court notified the parties that in correcting the illegal sentence it intended to impose an upward durational departure. At the resentencing hearing, the…