State v. Hines

The opinion of the court was delivered by

Rosen, J.:

Matthew M. Hines appeals the Court of Appeals’ decision to reverse the sentencing court’s imposition of a controlling, downward durational departure sentence of 24 months’ im*610prisonment for his convictions of attempted second-degree intentional murder and aggravated battery in State v. Hines, 44 Kan. App. 2d 373, 236 P.3d 568 (2010). We conclude that based on the facts of this case, the reason cited by the sentencing court for imposing the departure sentence (the victim’s request for leniency) does not constitute a substantial and compelling…