Little v. State

Dana Michael Little appeals the sentence imposed following his convictions for two counts of dealing in stolen property1 and two counts of receiving money from a pawn broker by false verification of ownership.2 He argues that the trial court committed fundamental error by having announced a policy of not considering a request for a downward departure sentence after a jury finds a defendant guilty. Finding the trial court’s arbitrary policy of not considering a downward departure sentence based upon a jury returning a verdict of guilt to be a due process violation, resulting in fundamental…