State v. Delk

OPINION

HUDSON, Judge.

On appeal from his sentencing for second-degree unintentional murder, appellant argues that his sentence must be overturned because, although it is within the presumptive-sentence range, it is longer than the “middle-of-the-box” presumptive sentence. Because any sentence within the guideline range is not a departure from the presumptive sentence, we affirm.

FACTS

In November 2005, David Delk attended a birthday party in a St. Cloud apartment and was asked to leave. Later that night, Delk returned to the apartment with his cousin appellant Antonio Delk and others for an…