State v. McMillan

Summary

The court held that McMillan's original multiple-count sentence was wholly illegal because the sentencing court failed to designate the primary count, assign sentences to each count, and identify the criminal-history scores, leaving the individual sentences indeterminate. Because all sentences were properly vacated, the resentencing court had jurisdiction to consider McMillan's renewed departure motion, and the mandate rule did not bar that consideration. The court affirmed in part and reversed in part the Court of Appeals' judgment, vacated the district court's judgment, and remanded for sentencing anew.