State v. Peterson

PlERRON, J.:

David W. Peterson appeals his upward durational departure sentence. He claims the district court erred at the original sentencing hearing by failing to state on the record the substantial and compelling reasons for departure and that the court should not be allowed to remedy that error at a rehearing. We affirm.

This is the second time this case comes before this court. The events of this case are outlined in State v. Peterson, 22 Kan. App. 2d 572, 920 P.2d 463 (1996). In brief, Peterson performed odd jobs for Ruby and Leland Peck. Both of the Pecks were 75 years old at the time.…