State v. Dycus
Annotate this CaseDefendant pleaded guilty to one count of possession of marijuana with intent to sell or deliver within 1,000 feet of a school zone, and other offenses. At the sentencing hearing, Defendant requested that the trial court place her on judicial diversion. The trial court denied Defendant’s request for judicial diversion, reasoning that there was a low likelihood that Defendant would be rehabilitated by judicial diversion. The Court of Appeals reversed the trial court’s denial of judicial diversion, concluding that the trial court failed to consider and weigh on the record all of the relevant factors in denying judicial diversion. The Supreme Court reinstated the trial court’s judgments, holding (1) the mandatory minimum service requirement of the Drug-Free School Zone Act does not render offenses under the Act ineligible for judicial diversion; and (2) although the trial court in this case failed adequately to address the appropriate factors on the record, Defendant’s request to be placed on judicial diversion was properly denied.
Court Description: Authoring Judge: Justice Jeffrey S. Bivins
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