Ordered that the sentence is modified, on the law, by vacating the defendant's adjudication as a second felony offender and reducing his sentence to an indeterminate term of 1 to 3 years' imprisonment; as so modified, the sentence is affirmed.
The defendant was improperly adjudicated a second felony offender because the elements of the offense which served as the predicate for this adjudication did not constitute a felony
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.