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STATE v. HERNANDEZ

No. 84,846.

29 Kan. App.2d 522 (2001)

28 P.3d 1031

STATE OF KANSAS, Appellant, v. JOEL HERNANDEZ, Appellee.

Court of Appeals of Kansas.

Opinion filed August 3, 2001.

Attorney(s) appearing for the Case

Lois K. Malin, assistant county attorney, John P. Wheeler, Jr., county attorney, and Carla J. Stovall, attorney general, for appellant.

Peter Maharry, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for appellee.

Before GERNON, P.J., KNUDSON and BEIER, JJ.

GERNON, J.:

The State appeals on a question reserved under K.S.A. 2000 Supp. 22-3602(b)(3)—namely, whether a court may strike an otherwise valid conviction from a defendant's criminal history pursuant to a plea agreement. This involves interpreting the pertinent sentencing statutes, and we exercise de novo review. State v. Favela, 259 Kan. 215, 218, 911 P.2d 792 (1996).

Joel Hernandez first pled...

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