State v. Haney
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Defendant pleaded no contendere to one count each of aggravated sodomy and attempted aggravated sodomy. In exchange for the plea, the State agreed to a sentencing recommendation that permitted Defendant to seek a shorter prison term through a durational departure. The Board of Indigents’ Defense Services approved Defendant’s request to fund a sex offender evaluation to use in support of his motion for a durational departure sentence, but the district court denied Defendant’s request to continue the sentencing hearing to allow for the completion of that evaluation. Defendant appealed, arguing that the district court erred in refusing to continue sentencing so he could present evidence in mitigation of his punishment and to support his motion for downward departure. The court of appeals affirmed, concluding that the district court erred in denying Defendant the additional opportunity to present mitigation evidence, but the error was harmless. The Supreme Court reversed and vacated Defendant’s sentence, holding that the district court committed reversible error by denying Defendant’s motion to continue the sentencing hearing. Remanded.
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