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STATE v. MONTGOMERY

No. 122,237.

494 P.3d 147 (2021)

STATE of Kansas, Appellant, v. David Clayton MONTGOMERY, Appellee.

Supreme Court of Kansas.

Opinion filed August 27, 2021.

Attorney(s) appearing for the Case

Jacob M. Gontesky , assistant district attorney, argued the cause, and Stephen M. Howe , district attorney, and Derek Schmidt , attorney general, were with him on the briefs for appellant.

James M. Latta , of Kansas Appellate Defender Office, argued the cause and was on the briefs for appellee.

David Clayton Montgomery argues the dissimilarity between past offenses and the current offense of conviction can support departing from the presumptive sentence established by the Kansas Sentencing Guidelines Act (KSGA or Guidelines) as a matter of law. The district court agreed, finding a...

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