Thompson v. State

OPINION OF THE COURT

EDWARD J. RICHARDSON, Circuit Judge.

The record reflects a “policy” of the Trial Court to impose the statutory minimum mandatory sentence to those who elect to plead guilty to driving under the influence (DUI). Only aggravating circumstances, such as personal injury and/or property damage, would cause the Trial Court to deviate from this sentencing policy. The imposition of the minimum sentence, after a jury trial, would be contrary to the Trial Court’s normal policy.

The Appellant’s choice of plea should not play any part in the determination of his sentence. Gillman v…