AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The case involves Defendant Gerald Johnson, Jr., who was appealing following re-sentencing upon remand by the Court of Appeals. The appeal was based on the district court's denial of his opportunity to allocute and to present mitigating evidence at his resentencing.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Appellant: Argued that the district court erred by denying him the opportunity to allocute and to present mitigating evidence at his resentencing (para 1).
• Appellee: Indicated it would not file a memorandum in opposition to the Court of Appeals' notice of proposed disposition (para 1).

Legal Issues

• Whether the district court erred by denying the appellant the opportunity to allocute and to present mitigating evidence at his resentencing.

Disposition

• The Court of Appeals reversed the decision of the district court based on the reasons set forth in the Court’s notice of proposed disposition (para 2).

Reasons

• Per Michael E. Vigil, J., with Linda M. Vanzi, Chief Judge, and Stephen G. French, Judge, concurring: The Court decided to reverse the district court's decision based on the appellant's argument that he was denied the opportunity to allocute and to present mitigating evidence at his resentencing. The State's response, indicating it would not oppose the Court of Appeals' proposed disposition, also influenced the Court's decision to reverse (para 1).