State v. Johnson

Summary

The court held that vacating the defendant’s conviction and sentence for a lesser included conspiracy offense did not require resentencing on the remaining greater offense because the total effective sentence and the conduct underlying the sentence were unchanged. Although the trial court retained discretion to restructure the sentence if its original sentencing intent had been disturbed, the reviewing court could not mandate a new sentencing hearing without record evidence of such disturbance. The court therefore reversed the resentencing portion of the judgment and affirmed the remainder.