State v. Galloway

Defendant was convicted of 27 counts involving a variety of crimes stemming from his alleged participation in two fire-setting incidents. He assigns error to three of the trial court’s rulings: one allowing into evidence the taped interviews of an accomplice who was unavailable to testify, one denying defendant’s motion for a mistrial, and one sentencing defendant to an “upward departure” sentence based on findings of fact not made by a jury or admitted by him. For the reasons that follow, we affirm defendant’s convictions and remand for resentencing.

Because our disposition of the first…