State v. Bleckinger

How courts have described this case

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

• holding that downward departure based on need for restitution requires showing that the victim's need for restitution outweighs the need for imprisonment
• holding that since no evidence was adduced at the sentencing hearing the court could not find that cooperation by the defendant warranted a downward departure
• stating that “[t]he statutory mitigating factor of cooperation requires more than a confession to the authorities after arrest and pleading guilty” (footnote omitted)
• confessing after arrest and entering a guilty plea is not sufficient to constitute cooperation as a mitigating factor
• stating that it was \tempted to refuse to consider\ a downward departure sentence that amounted to .9 months because it is de minimis, although it is a technical departure, but did consider the matter because the appeal was consolidated with another case
• confessing after arrest and entering a guilty plea is not sufficient to constitute cooperation as a mitigating factor, however, turning one’s self in, a full confession and pleading guilty is sufficient to support a downward departure

Source: CourtListener parenthetical corpus (CC0).