State v. Underwood
Annotate this CaseDefendant pleaded guilty to one count of possessing a controlled substance. The circuit court departed from a presumptive sentence of probation and sentenced Defendant to four years in prison. Defendant appealed, arguing that the circumstances enumerated by the circuit court did not justify a departure from the presumptive sentence of probation, as the court failed to identify aggravating factors sufficient to deviate from a presumptive sentence of probation. The Supreme Court affirmed, holding that Defendant’s criminal history and complete disregard for supervised release indicated that the circuit court’s departure from the presumptive sentence of probation was warranted.
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