State v. Eisele

The opinion of the court was delivered by

Lockett, J.:

Defendant Myma Eisele appeals the trial court’s imposition of a departure sentence at her conversion hearing after her plea of no contest to aggravated assault of a law enforcement officer, K.S.A. 21-3411 (Ensley 1988). The district court granted an upward durational departure because the fact that she threatened to kill, had the means to do so, and fired a gun at the law enforcement officer manifested “excessive brutality to the victim” in a manner not normally present in aggravated assault. The Court of Appeals affirmed. We granted the…