People v. Swank

When imposing a sentence, a trial court needs — and deserves — the most complete information possible about the defendant. Certainly, that information includes all evidence regarding a defendant’s rehabilitative potential. And when, as in this case,, the defendant cites his drug usage as a contributing factor to his criminality, the court cannot accurately assess his rehabilitative potential without gauging the likelihood that the defendant will refrain from drug use in the future. Because the majority decision deprives the trial court of this critical information, and does so without any…