STATE v. HEATH

No. 71,512

21 Kan. App. 2d 410 (1995)

STATE OF KANSAS, Appellant, v. DANNY L. HEATH, Appellee.

Court of Appeals of Kansas.

Opinion filed August 4, 1995.


Attorney(s) appearing for the Case

Alan Hughes and Kevin C. Fletcher, assistant county attorneys, Timothy J. Chambers, county attorney, and Robert T. Stephan, attorney general, for the appellant.

David E. (Rick) Roberts, of Dennis O. Smith, Chartered, of Hutchinson, for the appellee.

Before LEWIS, P.J., ROYSE, J., and BARRY A. BENNINGTON, District Judge, assigned.


BENNINGTON, J.:

The district court granted a downward dispositional departure in sentencing defendant Danny L. Heath. The State appeals. We find no reversible error and affirm the trial court.

Heath drove a car involved in an accident in which passenger Kord Cole, a co-worker and friend, died. Heath's blood alcohol level was .151 percent. Heath pled no contest to charges of involuntary manslaughter, a severity...

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