State v. Heath

Bennington, J.:

The district court granted a downward dis-positional departure in sentencing defendant t)anny L. Heath. The State appeals. We find no reversible error and affirm the trial court.

Heath drove a car involved in an accident in which passenger Kord Cole, a co-worker and friend, died. Heath’s blood alcohol level was .151 percent. Heath pled no contest to charges of involuntary manslaughter, a severity level 5 person felony, in violation of K.S.A. 1993 Supp. 21-3404.

Heath filed a timely motion for departure, which the court heard at the sentencing hearing. At sentencing, Heath agreed…