State v. Maguire

OPINION

BENCH, Judge:

Defendant appeals the trial court’s denial of his motion to correct the sentence imposed on a no contest plea. We reverse and remand for resentencing.

BACKGROUND

While on parole for a second degree murder conviction, defendant physically assaulted his grandmother. Defendant was charged with aggravated assault, mayhem, and being a habitual criminal. Defendant’s parole was also revoked because of the incident.

As a result of plea negotiations, defendant agreed to plead no contest to aggravated assault, a third degree felony. The State agreed to drop the mayhem and habitual…