STATE v. McKAY, JR.

No. 83,611.

28 Kan. App.2d 185 (2000)

12 P.3d 924

STATE OF KANSAS, Appellee, v. JOHNNIE McKAY, JR., Appellant.

Court of Appeals of Kansas.

Opinion filed November 9, 2000.


Attorney(s) appearing for the Case

Brent Getty, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for appellant.

Elizabeth Reimer, assistant district attorney, Nola Foulston, district attorney, and Carla J. Stovall, attorney general, for appellee.

Before BRAZIL, C.J., LEWIS and KNUDSON, JJ.


KNUDSON, J.:

Johnnie McKay appeals the imposition of a dispositional upward departure sentence. The district court's stated reasons were that McKay absconded while on pretrial release and was, therefore, not an appropriate candidate for probation.

We reverse and remand for resentencing before another district judge.

McKay was charged with five counts of forgery and released on a $2,500 appearance bond without surety. He subsequently waived preliminary...

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