State v. McKnight

The State appeals the downward departure sentence imposed on Keith McKnight [“McKnight”]. We reverse.

McKnight was charged by information with driving while license cancelled, suspended or revoked as a habitual traffic offender, a third-degree felony, and driv ing under the influence, a misdemeanor. He has an extensive prior record and the State filed a notice of its intent to seek habitual offender status. 1

On July 14, 2009, a status conference was held for the two offenses and the associated violation of probation. The court offered McKnight a withhold of adjudication on count one and two…