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STATE v. MOSES

No. 68,779

255 Kan. 56 (1994)

872 P.2d 265

STATE OF KANSAS, Appellee, v. JAMES L. MOSES, Appellant.

Supreme Court of Kansas.

Opinion filed April 15, 1994.

Attorney(s) appearing for the Case

Julie A. Gorenc, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with her on the brief for appellant.

Mark T. Schoenhofer, assistant district attorney, argued the cause, and Nola Foulston, district attorney, and Robert T. Stephan, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

ABBOTT, J.:

This is a direct appeal by defendant, James L. Moses, wherein he contends the trial judge erred in sentencing him by failing to consider a presumptive sentence of assignment to a community correctional services program and by failing to correct the error on the motion to modify.

Defendant was charged with four counts of aggravated incest, class D felonies, (three counts in violation of K.S.A. 21...

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