State v. Randolph

AMDAHL, Chief Justice.

This sentencing appeal raises the issue of whether, under some circumstances at least, a convicted criminal defendant may refuse probation and insist upon execution of a prison sentence. Defendant was convicted upon her guilty plea to a charge of unlawful sale of a Schedule IV controlled substance. The presumptive Guidelines sentence for such offense for a person with defendant’s criminal history score is 14 months with execution of the sentence stayed. On May 21, 1981, the trial court, after offering defendant an opportunity to recommend a sentence which she deemed…