State v. Graham

MICHAEL A. WOLFF, Judge.

After a 1998 court of appeals decision mandating a new sentencing on Mark Graham’s three 1992 sodomy convictions, the trial court sentenced Graham to three consecutive four-year terms. For reasons that follow, we affirm the trial court and reject Graham’s contention that he was entitled to a jury recommendation on his re-sentencing.

Factual Chronology and Statutory Changes

Due in part to statutory changes in the law of sodomy, and in section 1.160 regarding sentencing, this is the third appellate review of sentences imposed upon Mark Graham for his 1992 sodomy…