State v. JollyAnnotate this Case
Defendant pleaded guilty to one count of rape of a child less than fourteen years of age. The sentencing judge found substantial and compelling reasons to grant Defendant’s motion for a departure from a Jessica’s Law mandatory minimum term of imprisonment and ultimately sentenced him to 165 months’ imprisonment. The State appealed. The Court of Appeals reversed, concluding that there were no substantial and compelling reasons for granting a departure. The Supreme Court reversed the Court of Appeals and affirmed the district court, holding that the district court made no error in fact or law in determining that the mitigating factors supported substantial and compelling reasons to depart.