State v. Heidmous

COZORT, Judge.

Pamela Merissa Heidmous shot and killed her husband and pled guilty to voluntary manslaughter. She was sentenced to the statutory maximum of twenty years’ imprisonment. The only issue presented for our review concerns whether the trial court erred in finding the factor in aggravation that the defendant, with malice, intentionally shot and killed her husband with a deadly weapon. We hold the trial court erred in finding this aggravating factor. The facts necessary for an understanding of this case follow.

At approximately 10:52 p.m. on 12 May 1983, the defendant telephoned the…