State v. Kremer

The State appeals the downward departure sentence imposed on Ryan Kremer (defendant), following his guilty plea to a charge of driving under the influence of alcohol (DUI) manslaughter1. Determining that the defendant’s sentence is illegal because it does not include the mandatory minimum term required by statute, we reverse.

Following the defendant’s entry of an open plea of guilty to the charge of DUI manslaughter, the trial court sentenced the defendant to a downward departure sentence consisting of two years’ imprisonment followed by two years’ community control followed by eleven years’…