State v. Allred

I dissent from the majority’s conclusion that the sentencing court erred in its application of departure Factor J1 in sentencing defendant. In order to frame the discussion properly, I begin at a different point of analysis, namely, by clarifying what is not at issue in this appeal.

Defendant does not contend that the evidence in the record was inadequate to support the sentencing court’s findings of fact. Defendant was convicted of assisting a fugitive who was accused of committing aggravated murder with a shotgun and assault in the course of a home robbery. The fugitive admitted to defendant…