State v. Lundin

ARNOLD, Chief Judge.

Defendant argues that the trial court erred in imposing the maximum sentence and finding as an aggravating factor that the act was committed with malice. Specifically, he contends that the court erred in finding malice when its stated reason for doing so was that the act was committed by manual strangulation, and that absent evidence of manual strangulation, no evidence supports a finding of malice.

Defendant pled guilty to voluntary manslaughter, which is defined as “the unlawful killing of a human being without malice, express or implied, and without premeditation and…