State v. McKay

Knudson, J.:

Johnnie McKay appeals the imposition of a dis-positional upward departure sentence. The district court’s stated reasons were that McKay absconded while on pretrial release and was, therefore, not an appropriate candidate for probation.

We reverse and remand for resentencing before another district judge.

McKay was charged with five counts of forgery and released on a $2,500 appearance bond without surety. He subsequently waived preliminary examination, was arraigned, and was given a trial date of March 15, 1999. Notwithstanding successful plea negotiations that would avoid trial,…