State v. Elson

Summary

The court held that an appellant need not expressly request or invoke a particular formula for review of an unpreserved constitutional claim under the state's framework, so long as the main brief adequately presents a reviewable constitutional claim. Although the defendant failed to prove that the sentencing court actually increased his sentence to punish his decision to proceed to trial, the sentencing remarks created an appearance of impropriety warranting supervisory relief. The court therefore ordered a new sentencing proceeding.