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STATE v. SANTOS-GARZA

No. 87,681.

276 Kan. 27 (2003)

72 P.3d 560

STATE OF KANSAS, Appellee, v. JAVIER SANTOS-GARZA, Appellant.

Supreme Court of Kansas.

Opinion filed July 11, 2003.

Attorney(s) appearing for the Case

Bob L. Thomas, of Olathe, argued the cause and was on the brief for appellant.

W. Scott Toth, assistant district attorney, argued the cause, and Steven J. Obermeier, assistant district attorney, Paul J. Morrison, district attorney, and Carla J. Stovall, attorney general, were on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, C.J.:

Javier Santos-Garza pled guilty to aggravated battery (K.S.A. 21-3414) and received an upward durational departure sentence from which he appeals.

ISSUE

The sole issue before us is: Under Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S.Ct. 2348 (2000), and State v. Gould, 271 Kan. 394, ...

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