State v. Harvey

The State claims that the trial court erred in imposing what is in effect a downward departure sentence on the defendant based upon his drug addiction.

The defendant pled nolo contendere to numerous drug-related possession charges. Pursuant to the defendant’s scóresheet, which totaled 61.8 points, the defendant faced a minimum sentence of 25.35 months incarceration with a maximum sentence of 35 years incarceration.

While acknowledging that the defendant’s drug addiction would not amount to a valid ground for a departure sentence, defense counsel urged the court to impose a suspended prison…