Garner v. State

OPINION

COATS, Chief Judge.

Kevin L. Garner was convicted of manslaughter, a class A felony, and faced a presumptive term of imprisonment of seven to eleven years.1 Garner was also convicted of driving under the influence, a misdemeanor with a one-year maximum sentence.2

*1047Superior Court Judge Randy M. Olsen found the non-statutory mitigating factor that Garner had exceptional rehabilitative prospects. He referred Garner's case to the three-judge sentencing panel.

A majority of the three-judge panel also concluded that Garner possessed extraordinary potential for rehabilitation. But the panel…