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STATE v. McCARLEY

No. 95,818.

166 P.3d 418 (2007)

STATE of Kansas, Appellant/Cross-appellee, v. Steven M. McCARLEY, Appellee/Cross-appellant.

Court of Appeals of Kansas.

As Corrected September 19, 2007.

Attorney(s) appearing for the Case

Boyd K. Isherwood, assistant district attorney, Nola Tedesco Foulston, district attorney, and Phill Kline, attorney general, for appellant/cross-appellee.

Patrick H. Dunn, of Kansas Appellate Defender Office, of Topeka, for appellee/cross-appellant.

Before RULON, C.J., GREENE, J., and KNUDSON, S.J.

GREENE, J.

The State of Kansas appeals the district court's denial of its motion to correct an illegal sentence, arguing that the court had a duty to correct the sentence after the defendant, Steven M. McCarley, was sentenced based upon a presentence investigation report (PSI) that misidentified the correct severity level for the precise crime of conviction. We conclude that the State's stipulation to the PSI at time of sentencing and the State's failure to timely...

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