State v. Joseph M. Milici

The State appeals the trial court’s imposition of downward departure sentences following Joseph Michael Milici’s violation of probation (“VOP”). We reverse Milici’s sentences and remand for resentencing consistent with this opinion.

FACTS'

In May 2011, the State charged Milici by information with principal to robbery with a weapon (count 1) and principal to aggravated assault with a deadly weapon (count 2). 1 The State alleged that Milici obtained a fraudulent prescription for oxycodone that he could not fill at a local pharmacy, despite numerous attempts. Milici and his co-defendant then drove…