State v. Tze Thao

OPINION

GORDON W. SHUMAKER, Judge.

A jury found appellant Tze Thao guilty of two counts of second-degree murder relating to a drive-by shooting for the benefit of a gang. The district court imposed a sentence that was an upward durational departure from the sentencing guidelines.

Arguing that the evidence was insufficient to support the verdict because of inconsistencies in the testimony; that the court had no proper basis for departing from the sentencing guidelines; and that the prosecutor misstated the law in his final argument, Thao appealed.

Because the evidence was sufficient to support the…