State v. Martin

Does a trial judge abuse his sentencing discretion when he uniformly refuses to consider a grant of probation for an offense even though probation is an available sentencing alternative? We hold, and the state concedes, that this mechanistic approach to sentencing is not the exercise of sentencing discretion. The sentence must therefore be vacated, and this case must be remanded for the resentencing of Dale Martin.

Martin was convicted of delivery of a controlled substance in violation of sec. 161.41(1) (b), Stats. Probation is available as a sentencing alternative for this offense. Section…