Free v. Lankford & Associates, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the district court's imposition of a presumptive sentence can be reviewed on appeal if record shows the district court did not understand its statutory authority to grant probation
• holding that when a defendant who receives a presumptive sentence claims the district court misinterpreted its own statutory authority, the appellate court may take up the limited question of whether the district court properly interpreted the sentencing statute
• Court of Appeals had jurisdiction, despite sentence within presumptive range, to review claim that district court erroneously believed it did not possess authority to impose downward departure
• appellate court may consider limited question whether district court properly interpreted sentencing statute
• court has jurisdiction to hear appeal from a presumptive sentence when the district court misunderstood its statutory authority to grant a departure sentence when defendant possessed only a small amount of marijuana

Source: CourtListener parenthetical corpus (CC0).