State v. Horr

I respectfully dissent; it seems to me that a criminal defendant ought not be able to have the excessiveness of his or her sentence reviewed by this court and then, upon its affirmance, ask the sentencing court to reconsider the sentence and reduce it. A defendant who puts the sentence at issue before an appellate court should be treated as having waived any right for later reconsideration of the sentence by the inferior sentencing court; once an appellate court passes upon a *385sentence, the sentence should be treated as the judgment of that court, and the only power an inferior court should…