State v. Scott

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 125,384 STATE OF KANSAS, Appellee, v. KYLE C. SCOTT, Appellant. SYLLABUS BY THE COURT 1. When considering a motion for a departure under K.S.A. 21-6627(d), a district court errs as a matter of law by refusing to consider any of the six statutorily enumerated criteria as mitigating circumstances, if the facts support the existence of those criteria. 2. When a district court abuses its discretion in ruling on a defendant's departure motion under K.S.A. 21-6627(d), any error is harmless if there is no reasonable probability that it affected the…