State v. Hawes

Elliott, J.:

Defendant Aaron Hawes appeals his upward durational departure sentence. We vacate and remand for resentencing.

Defendant pled guilty to possession of methamphetamine, a level 4 drug felony, and possession of marijuana, a class A misdemeanor. The parties stipulated to a criminal history score of E, which included prior convictions for three burglaries, one attempted burglary, theft, aggravated false impersonation, forgery, and criminal damage to property. All of these convictions are nonperson felonies. As a 4-E drug felony offender, defendant’s presumptive sentence was 18-20-22…