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STATE v. BEARD

No. 73,056.

22 Kan. App.2d 877 (1996)

924 P.2d 1268

STATE OF KANSAS, Appellee, v. SIMON J. BEARD, Appellant.

Court of Appeals of Kansas.

Opinion filed October 4, 1996.

Attorney(s) appearing for the Case

Debra J. Wilson, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for the appellant.

Doyle Baker, assistant district attorney, Nola Foulston, district attorney, and Carla J. Stovall, attorney general, for the appellee.

Before BRAZIL, C.J., LEWIS, J., and PAUL E. MILLER, District Judge, assigned.

LEWIS, J.:

Defendant was convicted of possession of cocaine after a previous conviction for the same crime. It was further determined that defendant's criminal history score was "B" and that his presumptive Kansas Sentencing Guidelines Act (KSGA) sentence was incarceration for a period of between 68 and 77 months. The trial court granted a downward durational departure and sentenced him to prison for a term of 65 months. Defendant appeals both his conviction and his...

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