State v. Ardry
Annotate this CaseFollowing his plea of guilty to aggravated indecent liberties with a child, Appellant was sentenced to 216 months' imprisonment. The court also granted a downward departure to thirty-six months' probation to be served at a community corrections residential center. Less than a week after completing the residential portion of his probation, Appellant violated his probation. After a hearing, the court revoked Appellant's probation and reimposed Appellant's original sentence. The court of appeals affirmed. The Supreme Court reversed, holding that the district court abused its discretion in stating that statutory restrictions limited its authority to impose a lesser sentence, which was an incorrect legal standard. Remanded for resentencing.
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