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  5. 35 Kan.App. 2d 38 (2005)
 

CARTER v. ROBERTS

Nos. 94,531, 94,544, 94,545.

35 Kan.App. 2d 38 (2005)

MICHAEL CARTER, Appellee, v. RAY ROBERTS, WARDEN, et al., Appellants. LEWIS JONES, JR., Appellee, v. RAY ROBERTS, WARDEN, et al., Appellants. DAVID B. SIMMONS, Appellee, v. DEPARTMENT OF CORRECTIONS, Appellant.

Court of Appeals of Kansas.

Opinion filed February 10, 2006.

Attorney(s) appearing for the Case

Julie St. Peter, of Kansas Department of Corrections, of El Dorado, for appellants.

Steven C. Sherwood, of Legal Services For Prisoners, Inc., of El Dorado, for appellees.

Before HILL, P.J., GREENE, J., and BUKATY, S.J.

GREENE, J.:

The Kansas Department of Corrections (KDOC) appeals three district court decisions construing and applying K.S.A. 22-3717 to determine parole eligibility without regard to original sentencing under the Habitual Criminal Act (HCA), K.S.A. 21-4504, arguing that parole eligibility for class B or C felonies should be determined with due regard for any original sentence imposed under the HCA. We agree with the KDOC and reverse the district court.

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