State v. Messer

A sentencing court shall allow a defendant to be considered for a sentence reduction or release programs unless there are substantial and compelling reasons to do otherwise.

Defendant appealed a judgment of conviction for two counts of criminally negligent homicide and possession of methamphetamine. She assigned error to the trial court’s decision to deny her eligibility for earned time and alternative sentencing programs. The trial court denied eligibility because Defendant did not “apologize to both victims’ families.” The State conceded denial based on failure to apologize was an error. A sentencing court shall allow a defendant to be considered for a sentence reduction or release programs unless there are substantial and compelling reasons to do otherwise. Defendant’s failure to apologize was not a substantial and compelling reason to deny eligibility. It also remains an open question whether the failure to admit to a crime prior to arrest can be used against a defendant in a subsequent criminal prosecution. The trial court did not give any other reasons to deny eligibility. Remanded for resentencing, otherwise affirmed.