State v. McNabb

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 120,390 STATE OF KANSAS, Appellee, v. DAVID PATRICK MCNABB, Appellant. SYLLABUS BY THE COURT First-degree premeditated murder is an off-grid person felony subject to a presumptive hard 50 sentence. Under K.S.A. 2019 Supp. 21-6620(c)(1)(A), however, a district court may depart from this presumptive sentence if "the sentencing judge finds substantial and compelling reasons, following a review of mitigating circumstances, to impose" a hard 25 sentence. Appeal from Linn District Court; MARK ALAN WARD, judge. Opinion filed January 8, 2021. Affirmed.…