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STATE v. CULLEN

No. 87,853

275 Kan. 56 (2003)

60 P.3d 933

STATE OF KANSAS, Appellee, v. MATTHEW J. CULLEN, 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 Randall L. Hodgkinson, deputy appellate defender, was with him on the briefs for appellant.

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

The opinion of the court was delivered by

SIX, J.:

Matthew J. Cullen pled guilty to attempted rape and received an upward durational departure sentence and an extended postrelease supervision term. He appeals his sentence.

The two questions for review are: (1) Is Cullen's upward durational departure sentence imposed under K.S.A. 2001 Supp. 21-4716 unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 147...

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