Fitzgerald v. State

OPINION

MANNHEIMER, Judge.

Robert C. Fitzgerald was convicted of first-degree sexual abuse of a minor in December 2000. Because Fitzgerald was a "third felony offender" for presumptive sentencing purposes, he faced a 25-year presumptive term of imprisonment for this crime. Based on Fitzgerald's criminal record and on the State's proof of five aggravating factors, Superior Court Judge pro tem-pore John R. Lohff concluded that Fitzgerald was a worst offender, and he sentenced him to the maximum penalty for this offense: 80 years' imprisonment. In addition, Judge Lohff revoked Fitzgerald's…