State v. Horn

The opinion of the court was delivered by

Johnson, J.:

Jerry Allen Horn seeks review of the Court of Appeals’ decision affirming his upward durational departure sentence for multiple sex crimes involving a child. The district court relied on the aggravating factor that Horn had a fiduciary relationship with the 10-year-old male victim. Horn challenges both the process employed to determine the aggravating factor and the sufficiency of the evidence supporting the factor. Finding that the district court followed a procedure which was not statutorily authorized, we vacate Horn’s sentence and…