State v. Hodges

The State appeals from a downward departure sentence, imposed by the trial court without timely filing its written reasons, and with oral reasons that we determine to be invalid. We vacate the judgment and sentence and remand for further proceedings consistent with this opinion.

FACTS

The relevant facts are not in dispute. Albert Hodges was arrested on August 10, 2012 and subsequently charged by information with three counts of possession with intent to distribute cocaine and two counts of possession with intent to distribute marijuana.

Under the sentencing guidelines, Hodges’ lowest permissible…