State v. Sherman
Annotate this CaseDefendant pleaded guilty to felony possession of dangerous drugs with intent to distribute, felony possession of dangerous drugs, and misdemeanor possession of dangerous drugs. The district court sentenced Defendant to 100 years in prison. Defendant appealed, arguing that the district court violated his right to due process by impermissibly considering an unproved allegation of rape in making its sentencing decision. The Supreme Court affirmed, holding that the jailhouse rape allegation did not form the basis for Defendant’s sentence, and therefore, Defendant failed to meet his burden of showing that the court premised its sentencing decision on “materially inaccurate or prejudicial” information.
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