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STATE v. MARSH

No. 79,122.

263 Kan. 773 (1998)

952 P.2d 933

STATE OF KANSAS, Appellee, v. MATTHEW C. MARSH, Appellant.

Supreme Court of Kansas.

Opinion filed January 23, 1998.

Attorney(s) appearing for the Case

Mary D. Prewitt, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with her on the brief for appellant.

Paul S. Gregory, 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

LARSON, J.:

This is a sentencing appeal. The issue is whether K.S.A. 1996 Supp. 21-4603d allows imprisonment without a departure where the offender committed the felony during incarceration, although not while serving a sentence for a felony.

In December 1996, Matthew C. Marsh escaped from the Osborne County jail, where he was being held on charges of burglary and interference with parental custody. During...

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