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STATE v. KNEIL

No. 83,938, 84,358

272 Kan. 567 (2001)

35 P.3d 797

STATE OF KANSAS, Appellee, v. MISTELLA D. KNEIL, Appellant.

Supreme Court of Kansas.

Opinion filed December 7, 2001.

Attorney(s) appearing for the Case

Kathryn B. Wall, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with her on the brief for appellant.

Boyd K. Isherwood, assistant district attorney, argued the cause, and Nola Foulston, district attorney, and Carla J. Stovall, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

LARSON, J.:

Mistella Kneil appealed the upward durational departure sentence imposed following her plea of guilty to felony theft. The Court of Appeals affirmed in an unpublished opinion. Kneil argued for the first time on a petition for review that her upward departure sentence should be vacated and remanded for resentencing pursuant to Apprendi v. New Jersey, 530 U.S. 466, 147...

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