The Riley County Attorney’s Office has filed a Notice Of Appeal of the Miles Theurer sentence imposed Monday. A news release issued by County Attorney Barry Wilkerson just before noon Tuesday indicates the defendant’s conviction carried a presumption of incarceration in a state prison of 38-43 months. A departure from the sentencing guidelines is a subject to appeal, and the Riley County Attorney’s Office will file an appeal and ask the appellate court to overturn the departure sentence to probation, which Miles Theurer received.
The Riley County Attorney’s Office will continue to pursue incarceration with the Department of Corrections, the presumed sentence that the Kansas legislature established for the crime of Involuntary Manslaughter during the commission of Driving Under the Influence.