State v. Yaritz

OPINION

LARKIN, Judge.

Appellant challenges his sentence of 288 months for one count of first-degree criminal sexual conduct, claiming that the district court abused its discretion by imposing an upward durational departure from the presumptive sentence of 144 to 173 months. Appellant argues that the district court relied on aggravating factors that were either not legally appropriate or not proved. Because the district court relied on legally permissible aggravating factors, which are factually supported by the record, and because the sentence does not otherwise constitute an abuse of…