State v. Morley
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The Supreme Court affirmed the decision of the court of appeals vacating Defendant's sentence, holding that a reasonable person would not find Defendant's acceptance of responsibility to be a compelling reason to override the statutory presumptive sentence of imprisonment.
Defendant pled no contest to securities fraud and acting as an unregistered issuer agent. The district court granted a dispositional departure to probation from a presumptive sentence of imprisonment. The court of appeals reversed and remanded the case for resentencing, concluding that there was not a substantial and compelling reason to support departure. The Supreme Court affirmed, holding that no reasonable person would find that the limited responsibility Defendant took rendered Defendant's case a compelling deviation from the norm the legislature has established.
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