State v. Sachs

The state appeals the trial court’s downward departure from the presumptive guidelines sentence. We affirm.

Following defendant Howard M. Sachs’ plea of nolo contendere, the trial court adjudicated him guilty of two counts of DWI manslaughter. Although the guidelines scoresheet indicated a presumptive sentencing range of three to seven years imprisonment, the trial court placed defendant on community control for a period of four years. The trial court provided four written reasons in support of this downward departure. The state’s timely notice of appeal followed.

Only one of the trial court’s…