State v. Chubbuck

The state appeals a final order revoking Harry Chubbuck’s probation and granting a downward departure sentence. We sua sponte consider this case en banc to recede from a line of our cases that imposes a requirement on a sentencing statute that goes beyond the plain language of the statute.

Pursuant to a plea bargain involving drug related offenses, Chubbuck was adjudicated guilty and placed on five years of probation with a condition that required him to abstain from the consumption of illegal drugs.

About a year later, the probation officer filed an affidavit alleging that Chubbuck had…