State v. Guder

Appellant Roland Guder pleaded guilty to unlawfully manufacturing a controlled substance, cultivating marijuana, criminally possessing a weapon, and possessing drug paraphernalia. The court of appeals vacated reversed the original sentence for manufacturing a controlled substance and remanded with directions to resentence Appellant. The district court modified the manufacturing sentence as it was directed to do by the court of appeals but also modified the paraphernalia sentence. At issue on appeal was whether a district court could modify a previously imposed sentence on one conviction following a remand from an appellate court for resentencing based on a different conviction. The Supreme Court vacated the sentence the modification of Appellant's paraphernalia sentence and remanded for resentencing, holding that a district court is not allowed to modify any of the sentences that were not vacated on appeal. View "State v. Guder" on Justia Law