STATE v. REED

No. 65152.

811 P.2d 1163 (1991)

248 Kan. 792

STATE of Kansas, Appellee, v. Keith REED, Appellant.

Supreme Court of Kansas.

May 24, 1991.


Attorney(s) appearing for the Case

Margaret A. Lutes, Asst. Dist. Atty., argued the cause, and Gene M. Olander, Dist. Atty., and Robert T. Stephan, Atty. Gen., were with her on the brief, for appellee.

Rick Kittel, Asst. Appellate Defender, argued the cause, and Jessica R. Kunen, Chief Appellate Defender, was with him on the briefs, for appellant.


ABBOTT, Justice:

This is a direct appeal from the trial court's ruling that K.S.A.1989 Supp. 21-4603(3)(a), which provides that a district court shall modify a defendant's sentence when recommended by the State Reception and Diagnostic Center (SRDC) (now the Topeka correctional facility—east) unless specific findings are made by the trial court, is unconstitutional on separation of powers grounds.

The facts are not in dispute and have no real...

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