State v. Looney
Annotate this CaseDefendant pled guilty to a drug-related offense. The sentencing guidelines prescribed presumptive sentence range of 169 to 187 months’ imprisonment, but as part of Defendant’s plea agreement, the State recommended a downward durational departure to 72 months. The district court denied Defendant’s request for a downward dispositional departure to probation but granted the durational departure request and imposed 72 months’ imprisonment. Defendant appealed the denial of his motion. The court of appeals summarily dismissed the appeal for lack of jurisdiction. The Supreme Court reversed the summary dismissal, holding that the court of appeals had jurisdiction to consider Defendant’s appeal. Remanded.
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