State v. Robideau

OPINION

MUEHLBERG, Judge.*

Appellant challenges the district court’s imposition of an upward durational departure from the presumptive sentence based on the finding that appellant intended the minor child of his victim to be the first to find his mother’s dead body. Appellant argues that this is an impermissible ground for a departure, that there is an insufficient factual basis for this departure, and that he did not receive sufficient notice of this as a departure basis, specifically as it relates to his waiver of a jury trial on an upward departure. We affirm.

*183FACTS

Appellant Raymond Robideau…