Josytewa v. Hopi Tribe

OPINION AND ORDER

We conclude that the trial court committed legal error when it sentenced Appellant, without stated findings, to a jail sentence for Possession of Alcohol that was higher than the presumption for a defendant with no prior alcohol or drug convictions. A judge may only sentence a defendant above the presumption if they state findings in the sentencing order that justify the increase.

FACTUAL AND PROCEDURAL BACKGROUND

[1] Appellant was stopped by Hopi Police at the Village of Shungopovi on December 23, 2005. The Criminal Complaint described Appellant as being “intoxicated to the…