State v. Holley

WASSERSTROM, Judge.

Defendant appeals from a conviction and sentence of five years for offering violence to a prison guard, Harold A. Carver. This sentence was imposed by a jury on retrial, after an earlier judgment of conviction and a sentence of four years was set aside on defendant’s motion. He argues on this appeal two points of alleged error: (1) the admission of evidence as to an assault by defendant on another guard, Cardest Chaney; and (2) the imposition of a greater sentence on this retrial than he received originally as a result of his first trial.

I

The item of testimony to which…