State v. Williams

Leben, J.:

The sentence for theft may be enhanced to presumed prison — rather than probation — if the defendant has three or more prior felony-theft convictions. But a prior conviction used to enhance a penalty can’t be counted in the criminal-history score, which affects the length of imprisonment.

When the district court sentenced Brian Williams for theft, Williams had four prior felony-theft convictions. The district court used three of the convictions for the sentence enhancement to prison and counted the fourth in determining Williams’ criminal-history score. Williams argues that because…