A sentencing judge errs by treating an offender's substance abuse disorder as a basis for specific deterrence, as this conflates deterrence from reoffending with deterrence from relapsing into substance abuse. However, specific deterrence may still be relevant for a first offender who offended for anticipated financial reward. The wide discretion with respect to cumulation and concurrency means that orders for partial cumulation of sentences for theft of electricity on a cultivation sentence are within the proper exercise of the sentencing discretion.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.