Supreme Court of Kansas

State v. Montgomery

August 27, 2021494 P.3d 147

Summary

The court held that a defendant's lack of prior offenses similar or identical to the offense of conviction cannot, standing alone, support a downward departure under the Kansas Sentencing Guidelines. Because the sentencing court relied solely on that legally impermissible factor, the court affirmed the Court of Appeals' decision, vacated the sentence, and remanded for resentencing.