State v. Kurtz
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In South Dakota, Kenneth Leroy Kurtz pleaded guilty to possession of a controlled substance. The circuit court determined there were aggravating circumstances that justified a departure from the presumptive probation sentence, and Kurtz was sentenced to five years in prison. Kurtz appealed the decision, arguing that he did not pose a significant risk to the public and therefore should have received probation. Alternatively, he claimed the court abused its discretion by imposing the maximum prison sentence.
The Supreme Court of the State of South Dakota reviewed the case and determined that the circuit court had wrongly applied the statute for presumptive probation. The court noted that while the circuit court had identified aggravating circumstances, it had also found that Kurtz did not pose a significant risk to the public. The Supreme Court pointed out that the law allows for a departure from presumptive probation only if aggravating circumstances that pose a significant risk to the public are found.
The court concluded that the circuit court's statement that punishment was warranted regardless of whether Kurtz posed a threat to society contradicted the mandate in the statute. Therefore, the Supreme Court vacated the circuit court's sentence and remanded the case for the circuit court to issue a sentence of probation.
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