State v. Montgomery
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The Supreme Court vacated Defendant's sentence for aggravated domestic battery, holding that the district court's reason for departing from the presumptive sentence established by the Kansas Sentencing Guidelines Act (KSGA) was legally insufficient.
Defendant pled guilty to aggravated domestic battery and moved for a downward departure sentence. The district court imposed twenty-four months' probation with an underlying sentence of thirty-one months. On appeal, the court of appeals vacated the sentence, holding that the district court's reason for departing was legally insufficient. The Supreme Court affirmed, holding that the sentencing court relied on an improper nonstatutory mitigating factor.
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