State v. Higginbotham

I respectfully dissent. The State appealed the downward departure sentence imposed upon Franklin C. Higginbotham based upon the trial order listing as a departure reason Higginbotham’s need for substance addiction treatment and his amenability to rehabilitation. I conclude that the State is correct in its position that there is insufficient evidence to support the trial court’s finding that Higginbotham is amenable to rehabilitation.

In this case, the trial court could impose a sentence below the guidelines based on substance abuse and the defendant’s amenability to rehabilitation.1 See Herrin…