Defense urges resentencing, state asks court to affirm 3-year confinement in Ellerbusch aggravated-assault case

Ms. Jones, defense counsel, asked the appellate court to remand the sentence imposed on the defendant, identified in the record as Ellerbusch, arguing the trial court abused its discretion by relying chiefly on “depreciating the seriousness of the offense” and by giving insufficient weight to rehabilitation and other confinement factors.

The arguments matter because the trial court sentenced Ellerbusch to three years at 100% on an aggravated-assault conviction after he pleaded guilty; defense counsel said the judge ignored a number of mitigating considerations — a “strong R” risk assessment indicating a low likelihood of reoffending, evidence of post-offense remedial steps (anger management and drug/alcohol assessments), an offer of employment, and a limited prior criminal record — and therefore reached an “illogical conclusion” on confinement.

At the hearing, Ms. Jones argued the sentencing transcript showed the trial court “wholly…