State v. Tofelogo

MAASSEN, Justice.

I. INTRODUCTION

A man accidentally killed his roommate with a large knife while demonstrating martial arts moves. He pled guilty to criminally negligent homicide and stipulated to the applicability of a statutory aggravator that allows sentencing above the upper range when a crime is "committed against ... a member of the social unit made up of those living together in the same dwelling as the defendant."1 On appeal of the sentence, the defendant argued that the aggravator was inappropriate in the context of his case. The court of appeals agreed, concluding that the aggravator…