State v. Harrell

ARNOLD, Judge.

Defendant contends the trial court erred in basing its sentencing decision in part upon the fact defendant denied all guilt with respect to the charges. We agree with defendant’s contention and remand for resentencing.

The trial court found one statutory aggravating factor for two of the charges, a prior conviction for a criminal offense punishable by more than sixty days confinement. In addition, the trial court found as a nonstatutory aggravating factor for these two charges that “[t]he defendant gave no substantial assistance to law enforcement.” Later in corrected findings…