State of Minnesota v. Mo Savoy Hicks

OPINION

DIETZEN, Justice.

This case presents the question, of whether the district court may use the defendant’s concealment of the victim’s body as an aggravating factor to justify an upward durational departure from the presumptive sentence for a homicide offense. *155Appellant Mo Savoy Hicks was convicted of second-degree unintentional murder for the death of Judy Rush. After Hicks waived his right to a sentencing jury, the district court imposed a 420-month sentence, which is an upward durational departure of 168 months. The court concluded that disposal and concealment of the victim’s body…