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STATE v. PATRY

No. 80,258.

266 Kan. 108 (1998)

967 P.2d 737

STATE OF KANSAS, Appellee, v. JOHN G. PATRY, Appellant.

Supreme Court of Kansas.

Opinion filed October 30, 1998.

Attorney(s) appearing for the Case

Thomas J. Weilert, of Wichita, was on the brief for appellant.

Michelle M. Sehee, assistant district attorney, Nola Foulston, district attorney, and Carla J. Stovall, attorney general, were on the brief for appellee.

The opinion of the court was delivered by

LARSON, J.:

John G. Patry appeals the trial court's decision at a resentencing hearing to use additional convictions which occurred after his original sentence to calculate his criminal history score. The additional convictions raised Patry's criminal history from a "D" to a "C," resulting in an increased sentence.

Patry argues the trial court (1) was limited at the resentencing hearing to the same facts, conditions...

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