Wednesday, March 28, 2007

Downward departure affirmed

Michelle Davis won in State v. Chapman, Appeal No. 95,687 (Kan. App. March 23, 2007)(unpublished), affirming Judge Miller's imposition of a downward dispositional departure in a agg indecent liberties case. Mr. Chapman was 19 when he engaged in intercourse with a 14-year old. Judge Miller said a departure was warranted because of the defendant's age and the victim's willingness to participate. The victim's mother had testified that the victim was at least partially at fault. The COA followed KSC precedent and held that "although consent was not a defense to the crime itself, the victim's participation was properly considered as a mitigating factor for departure" and affirmed.

[Update: the state did not file a PR and the mandate issued on April 26, 2007]

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