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State v. Kearney12/23/2003 that any such decision is properly left to the trial court, to whom the legislature has given the discretion to decide, based on the facts of the case and the individual defendant, whether to suspend the imposition of sentence and grant probation. Accordingly, we find that the respondent judge did not exceed her legal authority but, rather, acted within her discretion in permitting Henderson to remain released on bond pending sentencing following the jury's verdict that she was guilty of aggravated DUI.
Although we accept jurisdiction, we deny relief.
JOHN PELANDER, Presiding Judge
CONCURRING:
PHILIP G. ESPINOSA, Chief Judge
PETER J. ECKERSTROM, Judge
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