State v. Henderson
Annotate this CaseIn 1993, Defendant was convicted of several offenses. Defendant also pleaded guilty to being a persistent dangerous felony offender and to being a persistent serious felony offender. Judge Espinosa sentenced Defendant to an enhanced sentence. In 2008, Defendant filed a motion to correct an illegal sentence, claiming that he was constitutionally entitled to have a jury determine whether extended incarceration would be in the public interest. The trial court dismissed the motion. Defendant subsequently filed a second motion to correct an illegal sentence, claiming that Judge Espinosa had failed to make the required finding that an enhanced sentence would best serve the public interest. The trial court denied the motion, concluding that Defendant’s claim was barred by the doctrine of res judicata. The Supreme Court affirmed the trial court’s judgment on the alternative ground that Judge Espinosa made the necessary finding that imposing an enhanced sentence on Defendant would best serve the public interest.
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