State v. Beard

OPINION

HARTEN, Judge.

Appellant Joanne Beard was convicted of second-degree felony murder in the death of five-month-old Calvin Loftus, a child enrolled in the day care center she operated. See Minn.Stat. § 609.19(2) (1994). The trial court sentenced Beard to 360 months, a greater-than-double departure from the presumptive sentence of 165 months. We affirm as modified by reducing the sentence to 330 months.

FACTS

The complaint charged Beard with a single count of second-degree felony murder (in the course of committing third-degree assault) for causing the death of 5-month-old Calvin Loftus by…