State v. Martin

The opinion of the court was delivered by

Allegrucci, J.:

Edward Martin was convicted by a jury of one count of conspiracy to commit identity theft and four counts of identity theft. The trial court sentenced Martin to consecutive terms for a controlling term of 34 months’ imprisonment. The presumption of probation was denied and an upward dispositional departure to prison on each count was imposed on the ground that Martin was leader of the ring of identity thefts. Martin appealed his sentence to the Court of Appeals. The Court of Appeals’ majority approved the departures but vacated the…