State v. Flowers
Annotate this CaseDefendant pleaded guilty to possession of a controlled substance, a Class 5 felony, and admitted the allegations of a habitual criminal information alleging that she had two prior felony convictions. Because of Defendant’s prior convictions, the circuit court imposed a Class 4 felony penitentiary sentence. The court did not state on the record any aggravating circumstances justifying a departure from presumptive probation. Defendant appealed, arguing that the circuit court erred in failing to sentence her to probation pursuant to the presumptive probation requirements. The Supreme Court reversed and remanded for sentencing, holding that the circuit court erred when it failed to state the aggravating circumstances on the record or in the judgment.
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