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STATE v. PRUITT

No. 87,827

275 Kan. 52 (2003)

60 P.3d 931

STATE OF KANSAS, Appellee, v. DENNIS RAY PRUITT, Appellant.

Supreme Court of Kansas

Opinion filed January 10, 2003.

Attorney(s) appearing for the Case

Nathan B. Webb, assistant appellate defender, argued the cause, and Steven R. Zinn and Randall L. Hodgkinson, deputy appellate defenders, were on the briefs for appellant.

Keri A. Kish, assistant county attorney, argued the cause, and Carla J. Stovall, attorney general, was with her on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

Dennis Ray Pruitt pled no contest to first-degree premeditated murder and aggravated robbery. He appeals his upward durational departure sentence for aggravated robbery imposed under K.S.A. 2001 Supp. 21-4716.

The question before us is whether Pruitt's upward durational departure sentence is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed...

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