State v. Powell

McAnany, J.;

Pursuant to a plea agreement with the State, Kurt Powell pled guilty to aggravated indecent liberties with his daughter, a child under the age of 14. The crime carries a presumptive sentence of life imprisonment with no possibility of parole for 25 years. In turn, the State agreed to dismiss two additional charges and agreed that Powell was free to seek a departure from the presumptive hard 25 prison sentence.

Powell moved for a downward durational departure from the presumptive sentence to a shorter prison sentence of 29½ months. He based his motion on the following claimed…