Mitigating circumstances--Departure from mandatory sentence.

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22-42-2.3. Mitigating circumstances--Departure from mandatory sentence.

The sentencing court may impose a sentence other than that which is required by §22-42-2 if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence imposed by §22-42-2. The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing.

Source: SL 1989, ch 201, §2.


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