State v. Holsey

The state challenges the downward departure sentence imposed following Terry Levon Holsey’s entry of an open no contest plea to charges of sale of cocaine and possession of cocaine. The offenses were committed during an undercover drug sting operation; the buyer was an undercover officer. The trial judge gave five grounds for a downward departure sentence. Because we agree with the State that all five grounds given to support the downward departure were improper, we reverse.

The fact that Holsey suffers from addiction to controlled substances is, as the trial judge recognized, specifically…