State v. Kindem

AMDAHL, Justice.

This is a sentencing appeal. Defendant was charged by indictment with second-degree murder and pled guilty to third-degree murder (felony murder). The presumptive sentence for one convicted of third-degree murder who has a criminal history score of zero is 97 months with a permissible range of deviation of 94 to 100 months without departing. The trial court imposed a 94-month prison term. The issue on appeal is whether the circumstances in defendant’s favor were so compelling and substantial that the trial court erred in refusing to depart and impose a more lenient sentence.…