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STATE v. USSERY

No. 92,780

34 Kan.App. 2d 250 (2005)

STATE OF KANSAS, Appellant, v. BRIAN K. USSERY, Appellee.

Court of Appeals of Kansas.

Opinion filed August 5, 2005.

Attorney(s) appearing for the Case

Brenda J. Clary and Angelyn L. Miller, assistant district attorneys, and Phill Kline, attorney general, for appellant.

Michael R. Clarke, of Law Offices of Michael R. Clarke, Chartered, of Lawrence, for appellee.

Before RULON, C.J., HILL and CAPLINGER, JJ.

RULON, C.J.:

The State of Kansas appeals the imposition of a substantial downward durational and dispositional departure sentence imposed upon defendant Brian K. Ussery for his conviction for rape. We reverse and remand for further proceedings.

The defendant was charged with statutory rape of a 13-year-old girl, S.S., in violation of K.S.A. 2004 Supp. 21-3502(a)(2). The State, for some unknown reason, has failed to include a transcript of the trial within...

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