State v. Myers

Larson, J.;

Paul Wesley Myers appeals the trial court’s denial of his motion requesting a dispositional sentence departure.

Myers was convicted by a jury of involuntary manslaughter, K.S.A. 1993 Supp. 21-3404, arising out of an altercation on July 18, 1993, in which Myers shot and killed Arthur Thornton.

At sentencing, the trial court found the crime was a severity level 5 felony and Myers’ criminal history classification was category F. Myers did not contest either determination, but requested a dispositional departure from the presumption of imprisonment to place him on probation or in…