Appellate court reduces prison sentence from 8 years and 6 months to 4 years
Stage at which the case concluded
The client contacted our firm after being convicted under Criminal Code Article 260(2) of possessing methamphetamine and cannabis plant material with intent to distribute. The first-instance court had sentenced him to 8 years and 6 months in prison.
We reviewed the case file and appealed. The appellate court considered whether the client’s participation in the offense under Article 260(2) had been proved and whether his conduct instead met the elements of the less serious offense under Article 260(1).
The appellate panel amended the judgment. The client was acquitted under Article 260(2) because his participation in that offense had not been proved. He was convicted under Article 260(1) and sentenced to 4 years in prison.
On appeal, the client was acquitted under Criminal Code Article 260(2), convicted under Article 260(1), and his prison sentence was reduced from 8 years and 6 months to 4 years.