State v. Peake

OPINION

SEDGWICK, Judge.

This appeal is from a district court order denying appellant’s petition for post conviction relief which challenged the durational sentence departure and sought modification of sentence under the November 1983 Guidelines change. We affirm and modify the sentence.

FACTS

Appellant pleaded guilty to second degree murder; death resulting from committing the felony of assault in the first degree.

Appellant admitted arguing with his girlfriend, grabbing her around the neck in an arm lock and holding her in that position until she stopped struggling and died. He was originally…