State v. BarthmanAnnotate this Case
The Supreme Court affirmed the decision of the court of appeals reversing Defendant's sentence on count two, first-degree criminal sexual conduct, holding that the district court abused its discretion by imposing a greater than double durational departure on count two.
The district court imposed 360-month, consecutive sentences for Defendant's two convictions of first-degree criminal sexual conduct, imposing these greater-than-double durational departures on the sentences based on the aggravating factors of particular cruelty and the particular vulnerability of the victim. In reversing the sentence on count two, the court of appeals determined that imposing a greater-than-double durational departure on a consecutive sentence when both counts involved a single victim unduly exaggerated the criminality of Defendant's conduct. The Supreme Court affirmed, albeit on different grounds, holding that this was not an extremely rare case involving severe aggravating circumstances, and therefore, the district court erred in imposing a greater-than-double durational departure on count two.