State v. DeMarco

LEHAN, Judge.

The state appeals from the sentence of defendant which the state contends was a downward departure from the sentencing guidelines.

The sixty-two year old defendant was indicted under separate counts for first-degree murder and burglary with a firearm in connection with the killing of her husband’s mistress. The state and defendant entered into a plea agreement under which, as to the first count, the state would accept a plea to a reduced charge of murder in the second degree, and the charge under the second count would remain burglary with a firearm. The guidelines scoresheet…