State v. Richardson

Briscoe, C.J.:

The State appeals the trial court’s imposition of a departure sentence when sentencing Jerry Richardson. The State contends the court’s reasons for a dispositional departure from the presumptive sentence set forth in the applicable sentencing grid were not substantial and compelling, as required by K.S.A. 1993 Supp. 21-4721(d)(2). We apply the standard of review applicable to a question of law and conclude the sentencing court’s consideration of the time elapsed since Richardson’s last felony and last person felonies, factors not considered in determining Richardson’s placement…