State v. Weaver

OPINION

LARKIN, Judge.

In this post-remand appeal, appellant challenges his sentence of 225 mo'nths on one count of second-degree unintentional felony murder, which constitutes a 75-month upward-durational departure frona the presumptive sentence. Appellant claims that the district court erred in relying on impermissible departure grounds and in refusing to grant a downward-dura-tional departure. Because the upward departure is supported by valid departure reasons, the sentence is within the district court’s discretion, and it is reasonable to conclude that the district court would have imposed…