State v. Dean

I dissent from that part of the opinion of the court holding that the legislature may prohibit the suspension of sentences, but concur in the remainder.

In my view, such a statutory provision is a clear violation of the separation of powers. The separation of powers is fundamental to our system of government and is essential to the preservation of the liberty of our people. To preserve this separation, the judicial department must resist all enroachments upon its power whenever the issue is presented to it.

The court recognizes that the power to suspend sentences “has long been held typically…