The problem ... is that all three charges (arson, desecration, and conspiracy to commit desecration) are low-level felonies, and the sentencing grid passed by the Legislature says those call for presumptive probation. That means a judge who goes against the presumption has to have very good and solid reasons to do so, or risk appeal and overturn. Beyond that, the state sentencing grid says that a person without prior felonies could get no more than 14 months in prison on the most serious charge EVEN IF the judge ignores the presumption AND finds aggravating circumstances. Blame the legislature, not the judge.