State v. Johnson

A criminal defendant may appeal a judgment of conviction based on the sentence for a felony on showing of claim of error if probation was revoked.

Defendant appealed a judgment revoking his probation for attempted second-degree assault and subsequent imposition of a 48-month prison term and a 36-month term of post-prison supervision. Defendant contended that the attempted second-degree assault is a Class C felony and that the statutory maximum indeterminate sentence for a Class C felony is 60 months. Defendant argued that the trial court imposed 84 months of combined incarceration and post-prison supervision for his probation revocation sanction, thereby exceeding the statutory maximum indeterminate sentence for attempted second-degree assault. Defendant acknowledged that he did not preserve his claim of error but requested the Court to review the trial court's sentence as plain error. The Court held that Defendant could appeal a sentencing judgment for a felony on showing of colorable claims of error if Defendant's probation was revoked. The Court accepted the State’s concession that the 84-month sanction imposed by the trial court is plainly erroneous and exercised its discretion to remand for resentencing. The court affirmed in part and remanded for imposition of a probation-revocation sanction consistent with this opinion.