22-22-1.4. Exception for mitigating circumstances--Factual basis relied upon in writing.
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/sd/title-22/chapter-22-22/22-22-1-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The sentencing court may impose a sentence other than that which is required by §§ 22-22-1.2 and 22-6-1.2 if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence imposed by § 22-22-1.2 or 22-6-1.2 . The court's finding of mitigating circumstances and the factual basis relied upon by the court shall be in writing.