Eleventh District rejects trial court's attempt to manipulate sentencing on remand.
April 25, 2016
Weideman was sentenced to a five-year term for an underlying OVI offense and a three-year term for a repeat offender specification, for a total of eight years. He was also give a $1,500 fine with a 20-year license suspension. He won an appeal, however, which found that he could only be sentenced to 9, 12, 18, 24, 30, or 36 months for the underlying OVI offense. The appellate court remanded the case for resentencing on the underlying OVI offense in compliance with its decision.
On remand, however, the trial court simply swapped his sentences, reducing the sentence of the underlying OVI conviction to three years while increasing the sentence for the specification to five years. It also increased the fine to $2,000 and the license suspension to a lifetime suspension.
Weideman appealed and the trial court's resentencing and the 11th District agreed. It had previously affirmed the sentencing for the specification, and therefore the trial court exceeded its authority when it subsequently increased the sentence for the specification. It likewise exceeded its authority when it increased his fine and license suspension on remand.