Supreme Court of Kansas· 2/1/2008

State v. Blackmon

Citations

176 P.3d 160
285 Kan. 719
2008 Kan. LEXIS 12

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

on State’s appeal, appropriate remedy was to vacate sentence and remand to give district court opportunity to cite appropriate reasons justifying imposition of downward departure sentence
If any of the factors articulated by the sentencing court would justify the departure, the decision will be upheld on appeal.
A compelling reason to depart from a presumptive sentence must be one which forces the court to abandon the status quo and to venture beyond the sentence that it would ordinarily impose.
For a mitigating factor to be considered compelling, it “must be one which forces the court, hy the facts of the case, to abandon the status quo and to venture beyond the sentence that it would ordinarily impose.” [Emphasis added.]

Source: CourtListener parenthetical corpus (CC0).

Judges: Luckert

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