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STATE v. RUSH

No. 75,798.

24 Kan. App.2d 113 (1997)

942 P.2d 55

STATE OF KANSAS,Appellant, v. LESLIE DANIEL RUSH, Appellee.

Court of Appeals of Kansas.

Opinion filed July 11, 1997.

Attorney(s) appearing for the Case

Julie McKenna, county attorney, and Carla J. Stovall, attorney general, for appellant.

Elizabeth Seale Cateforis, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for appellee.

Before BRAZIL, C.J., PIERRON, J., and PADDOCK, S.J.

PADDOCK, J.:

The State appeals the granting of a departure sentence by the district court.

Leslie Daniel Rush pled no contest to rape, as defined by K.S.A. 21-3502(a)(2). Defendant was found guilty of engaging in sexual intercourse with a child under 14 years of age.

The presumptive sentence for the crime was from 86 to 96 months, based on a crime severity level of 2 and a criminal history category of G. The district court on Rush's motion granted...

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