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STATE v. BENOIT

No. 84,251

31 Kan.App. 2d 591 (2003)

STATE OF KANSAS, Appellee, v. CHAD BENOIT, Appellant.

Court of Appeals of Kansas

Opinion on remand filed May 16, 2003.

Attorney(s) appearing for the Case

Niki Christopher and Peter Maharry, assistant appellate defenders, Steven R. Zinn, deputy appellate defender, and Jessica R. Kunen, chief appellate defender, for appellant.

Richard A. Olmstead, assistant district attorney, Nola Foulston, district attorney, and Carla J. Stovall, attorney general, for appellee.

Before RULON, C.J., ELLIOTT and JOHNSON, JJ.

ELLIOTT, J.:

This case comes before us on remand from the Supreme Court. See State v. Benoit, No. 84,251, unpublished opinion filed June 28, 2002.

We affirm.

We had held that Benoit's upward dispositional departure sentence must be reversed pursuant to State v. Gould, 271 Kan. 394, 23 P.3d 801 (2001). Our decision proved...

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