holding that trial court's consideration of this factor was improper when "[the trial court gave no specific or individualized statement of the reason why this defendant was in need of correctional and rehabilitative treatment that could best be provided by a period of incarceration in a penal facility in excess of the presumptive sentence term."
How later courts described this case
- holding that trial court's consideration of this factor was improper when "[the trial court gave no specific or individualized statement of the reason why this defendant was in need of correctional and rehabilitative treatment that could best be provided by a period of incarceration in a penal facility in excess of the presumptive sentence term."
- finding an abuse 'of discretion where the trial court failed to consider defendant's mental illness as a mitigator; remanded for imposition of presumptive sentence
- finding an abuse of discretion where trial court failed to consider defendant’s mental illness as a mitigator; remanded for imposition of presumptive sentence
- revising the defendant's sentence because the trial court declined to find the defendant's mental illness mitigating, when the defendant was found to be mentally ill when she committed her crime
Written by the judges who cited it.
The opinion
SHEPARD, C.J.,
concurs except as to the sentence, believing that some enhancement of the sentence is warranted.