State v. Derello

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• affirming sentence when the trial court miscalculated the number of historical priors, but the correct calculation left the defendant with two or more historical priors
• remanding for evidentiary hearing where “trial record was silent on whether [prior] convictions were committed on the same occasion”
• prohibited possession and flight “continuous and uninterrupted” because “[defendant continued to possess a weapon during his flight from the police”
• plain meaning of phrase “any time spent incarcerated” indicates Legislature intended to exclude “all time that a defendant spent in prison, regardless of whether that incarceration was for the particular prior conviction at issue or for some other crime”

Source: CourtListener parenthetical corpus (CC0).