Christian v. State ( 1973 )

ERWIN, Justice

(concurring).

I agree with the discussion of all issues herein and the remand for further consideration in sentencing but would leave to the discretion of the trial judge the extent of any new sentencing hearing.

The focus of the state’s argument for the maximum sentence was that the job was so expertly done that the appellant must be a professional criminal — the worst class of offender. While there is some testimony as to the expertness in the removal of identifying numbers, etc., and the reconstruction of one automobile from several such parts, there simply is no other evidence to support the view that appellant is a professional criminal and thus is in the worst class of criminal offenders. I would therefore vacate the sentence of the trial court for this reason but on remand would permit the state and the appellant to introduce evidence on such an issue if they so desired.