State v. Swimm

JOHNSON, Judge.

Defendant contends the sentence should be vacated and a resentencing hearing required because (1) the record affirmatively discloses that the trial judge imposed a sentence greater than the presumptive term because of his dissatisfaction with the length of time a prisoner is required to serve under the Fair Sentencing Act, and (2) that the court erred by failing to find defendant’s good prison conduct as a mitigating factor.

In support of his argument that the court imposed the ten year sentence because of the court’s dissatisfaction with the Fair Sentencing Act, defendant…