State v. Chacon

In two separate cases, Defendant was convicted of two counts of possession of a controlled substance and one count of driving under the influence. In case No. S-16-419, the district court sentenced Defendant to a period of incarceration for twenty months to five years for possession of a controlled substance. In case No. S-16-425, the district court sentenced Defendant to two years’ imprisonment with twelve months of postrelease supervision for possession of a controlled substance and to six months’ incarceration for driving under the influence. Defendant appealed, arguing that the district court imposed excessive sentences in both cases. The Supreme Court (1) affirmed the judgment in case No. S-16-419; (2) affirmed Defendant’s sentence for driving under the influence in case No. S-16-425; and (3) vacated Defendant’s sentence for possession of a controlled substance in case No. S-16-425 in light of the Court’s application of the doctrine enunciated in State v. Randolph to L.B. 1094. View "State v. Chacon" on Justia Law