First the Court ruled that 2 convictions for one act of DUI should not happen. Cooper pled guilty to both DUI theories, over .08 and driving impaired. She committed one DUI and got 2 convictions. The Court remanded to fix that error.
The Trial Court ruled that Cooper serve 11/29 at 100% and that after 90 days she could apply for a furlough to leave jail and complete treatment. If she did not apply for the furlough, she would continue to serve. The Supreme Court remanded that sentence and informed the Courts to change their ways.
The decision seems to say she could not be furloughed or probated or placed on work release, if ordered to serve 100%. It sounds like the Court would have to sentence her to serve the percentage of 11/29 that equals 90 days. I think that is 24.7%
The sentence would then look like: 11 months 29 days suspended after service of 24.7% with the Defendant to attend treatment as a condition of probation. If she fails to attend and gets caught, she would then face a violation of probation charge.
The net effect is she gets out whether or not she intends to seek treatment, but then may face ramifications if anyone discovers she does not comply with the requirement.
Read the decision at:
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