State v. Sewell

Knudson, J.:

This is a sentencing appeal brought by the defendant. On appeal, the defendant contends the district court erred because: (1) there did not exist substantial and compelling reasons to support both a dispositional and an upward durational departure from tire presumptive sentences; (2) the defendant’s full criminal history should not have been applied in both felony cases when consecutive sentences were imposed; and (3) the district court failed to consider placement at the Labette Correctional Conservation Camp (Labette).

We find the district court did err in imposing a…