State v. Cox

The opinion of the court was delivered by

Six, J.:

This case presents first impression sentencing issues under the Kansas Sentencing Guidelines Act (KSGA), K.S.A. 1993 Supp. 21-4701 et seq. Specifically, what should be' the focus of the trial court in considering the imposition of an upward sentence departure for aggravated robbeiy and conspiracy to commit robbeiy upon a defendant also convicted of felony murder as an aider and abettor? See K.S.A. 1993 Supp. 21-4716(b)(2)(B). Should only the defendant’s individual conduct be considered for sentencing departure purposes or may the trial court…