State v. Ippert

The opinion of the court was delivered by

Davis, J.:

Michael Ippert petitions this court for review of an unpublished decision by the Court of Appeals affirming the sentencing court’s upward durational departure sentence. We granted review to consider whether the sentencing court’s reliance for departure upon the statutory factor of a fiduciary relationship provided for by K.S.A. 1998 Supp. 21-4716(b)(2)(D) is appropriate where a father is convicted of aggravated indecent liberties against his daughters. For the reasons set forth below, we affirm.

The defendant was charged with 5 counts of rape…