State v. Leja

ANDERSON, Russell A., Justice

(concurring specially).

I concur in the result, but write separately to express my view of sentencing guidelines principles that support the majority’s conclusion that the district court abused its discretion by departing upward from the 150-month presumptive sentence for aiding and abetting second-degree felony murder.

Tina Leja was charged with and convicted of unintentional felony murder, with second-degree assault as the underlying felony. Specifically, she was convicted of intentionally aiding and abetting Darnell Smith in the assault, with the death of Bobby…