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STATE v. McKAY

No. 83,611.

271 Kan. 725 (2001)

26 P.3d 58

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

Supreme Court of Kansas.

Opinion filed July 13, 2001.

Attorney(s) appearing for the Case

Mary Curtis, assistant appellate defender, argued the cause, and Brent Getty, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, were on the brief for appellant.

Lesley A. McFadden, assistant district attorney, argued the cause, and Elizabeth Reimer, assistant district attorney, Nola Foulston, district attorney, and Carla Stovall, attorney general, were on the brief for appellee.

The opinion of the court was delivered by

DAVIS, J.:

The State of Kansas petitions this court for review of a published Court of Appeals' opinion finding the fact that the defendant Johnnie McKay, Jr., absconded from the court's jurisdiction for 2 months was not a substantial and compelling reason to depart from the presumptive sentence of probation. See State v. McKay, 28 Kan.App.2d 185, 12...

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