State v. Gallegos

In these consolidated cases, defendant was convicted of multiple offenses. His only assignment of error on appeal pertains to the trial court’s imposition of an upward departure sentence on a conviction for second-degree burglary in one of those cases. Specifically, defendant contends that the imposition of a departure sentence based on an aggravating factor — viz., that defendant was “on supervision” at the time he committed his crime — that is not specifically listed in the state sentencing guidelines violates the Due Process Clause of the Fourteenth Amendment to the United States…