Following a plea agreement, Denny pled no contest to second-degree sexual assault, second-degree sexual abuse of a minor and furnishing liquor to a minor. Denny faced a presumptive sentence of 4 years imprisonment, which the judge increased to 6 years based on various statutory aggravating factors. Denny appealed, arguing that the sentencing judge inappropriately applied the aggravating factors and did not address his cognitive disabilities and probable FAE. The Court upheld the sentence. In a concurring opinion, one of the judges states that the record shows that the sentencing judge explicitly considered Denny's cognitive disabilities and concluded that Denny's actions were not to be excused by such disabilities, and that such cognitive disabilities may be one of the reasons why Denny failed to rehabilitate after his last interaction with the criminal justice system.