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State v. Perez5/11/2005
t accept as a mitigating factor that the defendant's criminal conduct neither caused nor threatened serious bodily injury. While we view this as appropriate, it is worthy of little weight.
The presumptive sentence for a Class D felony is the minimum sentence in the range. There exists one enhancement factor and one mitigating factor. We conclude that an appropriate sentence in this cause is two years. The cause is remanded for modification of the defendant's sentence.
Conclusion
After review, we conclude that the evidence was sufficient to support the defendant's conviction for possession of marijuana with the intent to sell. We further affirm the trial court's denial of the defendant's motion to suppress evidence. The cause is remanded for merger of the offenses into one conviction for possession with intent to sell and modification of the sentence to two years.
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