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STATE v. MARES

No. 72,305

20 Kan. App. 2d 971 (1995)

STATE OF KANSAS, Appellee, v. JOSE ASCENCION MARES, Appellant.

Court of Appeals of Kansas.

Opinion filed April 21, 1995.

Attorney(s) appearing for the Case

Edward G. Collister, Jr., special appellate defender, and Jessica R. Kunen, chief appellate defender, for the appellant.

Alan Hughes, assistant county attorney, and Carla J. Stovall, attorney general, for the appellee.

Before BRAZIL, P.J., PIERRON and GREEN, JJ.

PIERRON, J.:

Mares entered a plea to one count of sale of controlled substances and one count of possession of controlled substances. Several other charges were dismissed. Mares asked the court to depart from the presumptive imprisonment sentence for sale of cocaine, a severity level 3 offense, because he provided principal support for his family, had no prior felony convictions, and the "victim" was the State. These reasons were expanded upon at sentencing. Mares...

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