State v. Rausch

OPINION

STONEBURNER, Judge.

The state appeals the district court’s downward departure from the statutory mandate that a person convicted of burgla*21ry of an occupied dwelling must be committed to the commissioner of corrections or county workhouse for not less than six months, arguing that the district court lacks authority to depart downward from the mandatory sentence. We conclude that the district court erred by failing to impose the mandatory-minimum sentence for burglary of an occupied dwelling and reverse.

FACTS

Following a dispute with her ex-boyfriend outside the ex-boyfriend’s home,…