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STATE v. BLACKMON

No. 95,696.

176 P.3d 160 (2008)

STATE of Kansas, Appellant, v. Alexis E. BLACKMON, Appellee.

Supreme Court of Kansas.

February 1, 2008.

Attorney(s) appearing for the Case

Sheryl L. Lidtke, assistant district attorney, argued the cause, and Jerome A. Gorman, district attorney, and Phill Kline, attorney general, were with her on the brief for appellant.

Patrick H. Dunn, of Kansas Appellate Defender Office, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by LUCKERT, J.:

When sentencing Alexis E. Blackmon for unintentional second-degree murder, the sentencing court imposed a downward durational departure sentence equivalent to the presumptive sentence for involuntary manslaughter. The sentencing court justified the departure on a finding that the facts of the case do not "rise to the level of the manifest indifference to the value of human life required by the second-degree murder...

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