STATE v. COLBERT

No. 78,223.

24 Kan. App.2d 756 (1998)

953 P.2d 1058

STATE OF KANSAS, Appellee, v. JAMES M. COLBERT, Appellant.

Court of Appeals of Kansas.

Opinion filed January 30, 1998.


Attorney(s) appearing for the Case

Lisa Nathanson, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for the appellant.

David Lowden, assistant district attorney, Nola Foulston, district attorney, and Carla J. Stovall, attorney general, for the appellee.

Before RULON, P.J., PIERRON and KNUDSON, JJ.


PIERRON, J.:

At sentencing for one count of simple robbery, the parties agreed that James M. Colbert's criminal history category was H and his offense was a severity level nondrug 5. Therefore, Colbert fell into the Kansas Sentencing Guidelines Act (KSGA) nondrug grid block 5-H, a so-called "border box."

Colbert requested that the district court impose the nonprison option available in border box cases of sending him to Labette County Conservation Camp. The...

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