State v. Allen

This episode presents the appeals court's opinion in State v. Allen, affirming a 35-year sentence for a fifth-felony habitual offender convicted of marijuana distribution. The court upheld the sentence, despite arguments that it was excessive given the non-violent nature of the offenses and ameliorative changes in drug sentencing laws, because the judge considered the defendant's history and the societal impact of drug distribution. A dissenting judge argued the sentence was excessively harsh and failed to sufficiently consider mitigating circumstances, advocating for a remand for resentencing. The majority opinion's focus was on the appropriateness of the sentence within the bounds of the habitual offender statute while acknowledging the non-violent nature of the crimes. The case involved multiple prior appeals and resentencing proceedings.