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STATE v. SISK

No. 79,145.

266 Kan. 41 (1998)

966 P.2d 671

STATE OF KANSAS, Appellant, v. JOHNNY C. SISK, Appellee.

Supreme Court of Kansas.

Opinion filed October 30, 1998.

Attorney(s) appearing for the Case

Steven J. Obermeier, assistant district attorney, argued the cause, and Paul J. Morrison, district attorney, and Carla J. Stovall, attorney general, were with him on the brief for appellant.

James Brent Getty, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with him on the brief for appellee.

The opinion of the court was delivered by

ABBOTT, J.:

This is an appeal by the State from the trial court's order converting defendant Johnny C. Sisk's 10-year-to-life sentence for second-degree murder to 36 months under the sentencing guidelines.

The State raises a number of issues. We believe the case can be decided on the sole issue of whether defendant's sentence for a felony DUI was a prison sentence as...

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