 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
ISON v. STATE6/13/1997
ant's conduct is consistently minor" without having to find that his present offense "was among the least serious conduct included in the definition of the offense." In my view we should explicitly say this to clarify the overbroad language.
After clarifying the Jordan decision, I would then remand the case to Judge Carpeneti to redetermine the application of the mitigating factor. Sentencing is primarily a trial court function. Trial judges are generally in a much better position than we are to evaluate offenders, current and prior offenses, and prospects for rehabilitation. In my view, as an appellate court, we should defer to the trial court's primary role in sentencing and remand the case to Judge Carpeneti to reevaluate the sentence.
COATS, Judge, dissenting.
|