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STATE v. SPINDEN

No. 87,417.

30 Kan. App.2d 1014 (2002)

54 P.3d 514

STATE OF KANSAS, Appellee, v. CHALMERS G. SPINDEN, a/k/a CHALMERS G. SPINDER, Appellant.

Court of Appeals of Kansas.

Opinion filed September 6, 2002.

Attorney(s) appearing for the Case

Korey A. Kaul, assistant appellate defender, and Steven R. Zinn, deputy appellate defender, for appellant.

Lesley A. Isherwood, assistant district attorney, Nola Foulston, district attorney, and Carla J. Stovall, attorney general, for appellee.

Before GREEN, P.J., WAHL, S.J., and JOHN J. BUKATY, District Judge, assigned.

GREEN, J.:

Chalmers G. Spinden appeals his sentences imposed under the persistent sex offender statute, K.S.A. 21-4704(j). On appeal, Spinden argues that the trial court violated his constitutional rights when it doubled the maximum sentences in accordance with the persistent sex offender statute. Spinden claims that the persistent sex offender statute is unconstitutional because it creates a departure scheme whereby facts not found by a jury are used to exceed the...

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