State v. Thompson

OPINION

HALBROOKS, Judge.

Appellant pleaded guilty to nine counts of theft by swindle over $35,000 and acknowledged that she was giving up her right to a jury determination of the presence of a factual basis for a sentencing departure. The district court found that such a basis existed and sentenced appellant to the presumptive sentence on counts 1-4 and imposed concurrent sentences of 114 months — a double durational departure from the presumptive 57-month sentences — on counts 5-9. Appellant challenges her sentence, arguing that the upward departure violates her right to a jury trial under…