State v. Robinson

OPINION

DIETZEN, Judge.

In this third-degree assault case, appellant challenges a victim’s out-of-court statements admitted by the district court, the validity of the district court’s jury instructions, and the imposition of a double upward departure from the presumptive guidelines sentence. We conclude that the out-of-court statements were admissible as non-hearsay or, in the alternative, as exceptions to the hearsay rule. We also conclude that the district court’s jury instructions were adequate. But because the double upward departure from the presumptive sentence violates the rule of…