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STATE v. LANNING

No. 74,458.

260 Kan. 815 (1996)

925 P.2d 1145

STATE OF KANSAS, Appellee, v. MARIO A. LANNING, Appellant.

Supreme Court of Kansas.

Opinion filed October 25, 1996.

Attorney(s) appearing for the Case

David P. Simmons, of Lindsborg, argued the cause and was on the brief for appellant.

Ty Kaufman, county attorney, argued the cause, and Carla J. Stovall, attorney general, was with him on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

Pursuant to K.S.A. 1994 Supp. 38-1602(b)(3), defendant was prosecuted as an adult based upon a prior juvenile adjudication. On appeal, defendant claims the use of K.S.A. 1994 Supp. 38-1602(b)(3) to prosecute him as an adult and the district court's inclusion of his prior felony level juvenile adjudication in scoring his criminal history classification enhanced the severity level or applicable penalties...

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