State v. Smith

After After Jesse R. Smith’s participation in drug court was terminated and his deferred prosecution revoked, he was convicted of delivery of cocaine. The trial court declined to grant Smith a Drug Offender Sentencing Alternative (DOSA) sentence, stating, “I am not of a mind to give DOSAs [to people who do not make it through drug court].” Smith characterizes this statement as a refusal by the trial court to exercise its discretion, which in and of itself constitutes an abuse of discretion. We characterize it as a tenable basis for the court’s exercise of discretion not to grant a DOSA. But…