Campbell illustrates that we must carefully listen to what the judge is saying when sentence is being pronounced. Is there a way around this problem? Should the judge just say something like "I find you guilty of the offense charged in the indictment"? I think the Chief Justice more accurately described the decision intended by the trial judge. IMO phraseology should not be the main determinant of the punishment. Maybe the CCA will agree.

[This message was edited by Martin Peterson on 03-11-07 at .]

We agree with the Chief Justice - we will see what happens on PDR.

Of course we know that the trial judge was just making a mistake in phraseology but we can't go outside the record. Everyone knew what was happening - especcially in light of the extensive admonishment regarding punishment. It was clear the trial court knew this was a third degree enhanced with priors, but he erred in calling it a state jail (because of the amount).