State v. Burt

The State appeals the trial court’s downward departure sentence, which it argues is improper because the departure ground is factually unsupported. We agree and reverse for resentencing. .

Ryan David Burt, a twenty-nine-year-old supervisor at a packaging company, worked for two days without eating or sleeping. Instead of going home to sleep, *1118he went golfing and drank beer, and then, drank more beer at dinner while watching a football game. Realizing that he was “fatigued,” he decided to drive to a friend’s house to spend the night. Unfortunately, along the way, he caused a head-on collision…