People v. Solis

Defendant was convicted, after jury trial, of 1 count of methamphetamine possession and 1 count of methamphetamine delivery. Court sentenced Defendant to 10 years and 18 years, and found the possession charge merged with the delivery charge. Defendant was compensated for his role in the delivery outside of what is inherent in the offense. Thus, court did not err by considering compensation as an aggravating factor under the circumstances.Even if court improperly noted threat of serious harm as an aggravating factor, Defendant did not establish plain error. As amount of methamphetamine was less than 100 grams, Defendant was not subject to the 75% truth-in-sentencing statute. (HOLDER WHITE and CAVANAGH, concurring.)