Although the court did not use the expression "upward departure," it made clear that, in view of the extreme brutality of the underlying sex crime, it intended to depart upwardly to level three even if defendant's point score, standing alone, would support only a level two adjudication. This upward departure was based upon clear and convincing evidence of aggravating factors of a degree not taken into account by the risk assessment instrument and guidelines (see e.g. People...
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