State v. Fenlon

After a jury trial, defendant was convicted of one count each of first-degree robbery with a firearm, first-degree burglary with a firearm, second-degree robbery, second-degree assault, and felon in possession of a firearm. On the first-degree robbery conviction, the trial court imposed an upward durational departure sentence based on its own finding that, among other things, defendant’s “persistent misconduct” while on supervision. The trial court also found that defendant is a dangerous offender and imposed an indeterminate sentence of 30 years’ imprisonment with lifetime post-prison…