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STATE v. MILLER

No. 75,630.

260 Kan. 892 (1996)

926 P.2d 652

STATE OF KANSAS, Appellant, v. JACQUELINE M. MILLER and KENNETH D. DOUGLAS, Appellees.

Supreme Court of Kansas.

Opinion filed October 25, 1996.

Attorney(s) appearing for the Case

Doyle Baker, assistant district attorney, argued the cause, and Nola Foulston, district attorney, and Carla J. Stovall, attorney general, were with him on the briefs for appellant.

Janine Cox, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with her on the brief for appellee Jacqueline M. Miller.

John J. Briggs, assistant public defender, argued the cause, and William A. Wells, of Young, Bogle, McCausland, Wells & Clark, P. A., of Wichita, was on the brief for appellee Kenneth D. Douglas.

The opinion of the court was delivered by

MCFARLAND, C.J.:

In these consolidated appeals, the State, on questions reserved, challenges the district court's jurisdiction to modify sentences lawfully imposed under the Kansas Sentencing Guidelines Act (KSGA), K.S.A. 21-4701 et seq., committing defendants to the custody of the Secretary of Corrections.

The two cases involve different procedural facts and will be considered separately. We shall first...

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