State v. Knighton

After a trial to a jury, defendant was convicted of first-degree burglary, first-degree theft, identity theft, and first-degree forgery. On appeal, he argues that the trial court erred in imposing a 48-month durational departure sentence on the conviction for first-degree burglary and a six-month dispositional departure sentence on the conviction for one of the counts of first-degree theft.

Defendant argues that the durational departure sentence and the dispositional departure sentence — both of which were based on aggravating facts that were not admitted by defendant nor found by a jury —…