Whiting v. State

OPINION

MANNHEIMER, Judge.

Michael T. Whiting pleaded no contest to the crime of attempted third-degree controlled substance misconduct (attempting to possess cocaine with intent to distribute it) 1 and one count of fourth-degree controlled substance misconduct (possession of oxyco-done). 2 For these two offenses, Whiting received concurrent sentences of 5 years with 1 year suspended and 5 years with 4 years suspended, respectively. He now appeals his sentence on four grounds.

First, Whiting argues that the superior court applied the wrong standard of proof when the court decided whether Whiting…