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VAN DYKE v. STATE

No. 87,137

31 Kan.App. 2d 668 (2003)

70 P.3d 1217

WILLIAM E. VAN DYKE, Appellant, v. STATE OF KANSAS, Appellee.

Court of Appeals of Kansas

Opinion filed June 20, 2003.

Attorney(s) appearing for the Case

James E. Rumsey, of Lawrence, for appellant.

Angela M. Wilson, assistant district attorney, Christine E. Kenney, district attorney, and Carla J. Stovall, attorney general, for appellee.

Before BEIER, P.J., ELLIOTT and GREEN, JJ.

BEIER, J.:

William Van Dyke appeals the denial of his K.S.A. 60-1507 motion, claiming that his presumptive 55-month sentence for attempted rape constitutes cruel and unusual punishment.

Van Dyke is 79 years old. He entered into a plea bargain in which the State agreed to drop charges of rape, aggravated criminal sodomy, and aggravated indecent liberties with a child in exchange for a plea to one count of attempted rape of his 10-year-old granddaughter, who...

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