State v. Beckwith
Annotate this CaseDefendant pleaded guilty to possession of a controlled substance. Defendant was entitled to presumptive probation unless the court found aggravating circumstances “that pose a significant risk to the public.” In imposing sentence, the court concluded that three aggravated circumstances overcame presumptive probation and sentenced Defendant to thirty-six months in prison with eighteen months suspended. The Supreme Court affirmed, holding (1) the aggravating circumstances demonstrated that placing Defendant on probation would have posed a significant risk to the public, and therefore, the circuit court did not abuse its discretion in departing from presumptive probation; and (2) the trial court erred in not restating the aggravating circumstance in the judgment, but this clerical failure may be corrected on remand to include the omitted material in the judgment.
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