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STATE v. TAYLOR

No. 81,522.

27 Kan. App.2d 62 (2000)

998 P.2d 123

STATE OF KANSAS, Appellee, v. ALLEN D. TAYLOR, Appellant.

Court of Appeals of Kansas.

Opinion filed February 18, 2000.

Attorney(s) appearing for the Case

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

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

Before JUSTICE ALLEGRUCCI, presiding, STEVE LEBEN, District Judge, assigned, and NELSON E. TOBUREN, District Judge, assigned.

LEBEN, J.:

This case presents a question of statutory interpretation related to the sentencing of a persistent sex offender. Specifically, the court must determine whether a prior conviction upon which a defendant has been classified as a persistent sex offender may be used when calculating his criminal history score for sentencing purposes. Because we conclude that the trial court's use of the prior conviction for both...

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