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STATE v. JARVIS

No. 82,378.

30 Kan. App.2d 64 (2002)

38 P.3d 742

STATE OF KANSAS, Appellee, v. KENNETH ALAN JARVIS, Appellant.

Court of Appeals of Kansas.

Opinion filed January 18, 2002.

Attorney(s) appearing for the Case

Sandra Carr, assistant appellate defender, Steven R. Zinn, deputy appellate defender, and Jessica R. Kunen, chief appellate defender, for appellant.

Lesley A. McFadden, Richard A. Olmstead, and Boyd Isherwood, assistant district attorneys, Nola Foulston, district attorney, and Carla J. Stovall, attorney general, for appellee.

Before RULON, C.J., GERNON and MARQUARDT, JJ.

MARQUARDT, J.:

Kenneth Alan Jarvis appeals the inclusion of his juvenile conviction in his criminal history score and the trial court's entry of an upward durational departure. We affirm Jarvis' conviction, vacate his sentence, and remand for resentencing.

Jarvis was charged with two counts of rape, one count of aggravated indecent liberties with a child, and one count of sexual exploitation of a child. The victim...

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