Fraser v. State

Leighlan Fraser appeals his judgment and sentence for one count of criminal mischief and one count' of attempted burglary of a dwelling following pleas of no contest to both charges. We reverse because the trial court fundamentally érred during the sentencing phase by refusing, as a matter of policy, to consider Fraser’s mental health as a possible basis for downward departure.

Fraser was placed on probation after pleading no contest to one count of criminal mischief. The day after the court entered its- probation order, Fraser was arrested and charged with a new law violation for burglary. As…