State v. Martin

The opinion of the court was delivered by

Nuss, J.:

In this case we must decide whether a district court’s reasons for its upward dispositional departure from a presumptive sentence of probation were “substantial and compelling” as required by K.S.A. 2005 Supp. 21-4716(a). The Court of Appeals held that the reasons, which were not listed as aggravating factors in that statute, were not valid departure factors. It vacated the prison sentences and remanded to the district court for resentencing Martin. State v. Martin, No. 95,819, an unpublished opinion filed January 26, 2007. We granted the…