State v. Favela

Rulon, J.:

The State appeals the sentencing court’s decision to grant both a durational and dispositional sentence departure for the defendant’s conviction of one count of attempted murder in the second degree, K.S.A. 1994 Supp. 21-3301 and K.S.A. 1994 Supp. 21-3402. We vacate the sentence and remand the cause with directions.

FACTUAL SUMMARY

On September 27, 1993, Hutchinson police were dispatched to the site of a reported gang fight. During this gang fight, Willard LaGrange allegedly stabbed defendant’s brother. The defendant and several others left the scene in a Chevrolet Monte Carlo.…