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STATE v. AGOSTO

No. 85,002.

271 Kan. 888 (2001)

27 P.3d 423

STATE OF KANSAS, Appellant, v. ENCARNACION E. AGOSTO, Appellee.

Supreme Court of Kansas.

Opinion filed July 13, 2001.

Attorney(s) appearing for the Case

Debra S. Peterson, assistant district attorney, argued the cause, and Elizabeth Reimer, assistant district attorney, Nola Foulston, district attorney, and Carla J. Stovall, attorney general, were with her on the brief for appellant.

Timothy G. Madden, chief counsel, Kansas Department of Corrections, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

The district attorney appeals on a question reserved the holding of the district court that K.S.A. 1999 Supp. 21-4603d(e), relating to the district court's placement of offenders under postrelease supervision by community corrections after the offender has successfully completed the Labette Correctional Conservation Camp (Labette) program, does not violate the Kansas constitutional separation of powers...

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