Crouse v. State

Appellant was convicted for possession with intent to sell/deliver and sentenced to 144 months' imprisonment. The court of appeals reversed and remanded the matter, holding that Appellant's original sentence to probation was an illegal sentence because "probation was not an authorized disposition for a Class Y felony." The Supreme Court granted review, vacated the court of appeals' opinion, and affirmed the sentence, holding (1) the circuit court's findings were not clearly against the preponderance of the evidence; and (2) although probation is not available for Class Y felonies, probation is a permitted disposition for certain Class Y drug offenses after the General Assembly's enactment of Act 192 of 1993. View "Crouse v. State" on Justia Law