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STATE v. MARTIN

No. 95,819.

175 P.3d 832 (2008)

STATE of Kansas, Appellee, v. Tina M. MARTIN, Appellant.

Supreme Court of Kansas.

February 1, 2008.

Attorney(s) appearing for the Case

Patrick H. Dunn, of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant. "

Kristi L. Barton, assistant district attorney, argued the cause, and Nola Tedesco Foulston, district attorney, and Phill Kline, attorney general, were with her on the brief for appellee.

NUSS, J.:

In this case we must decide whether a district court's reasons for its" upward dispositional departure from a presumptive sentence of probation were "substantial and compelling" as required by K.S.A.2005 Supp. 21-4716(a). The Court of Appeals held that the reasons, which were not listed as aggravating factors in that statute, were not valid departure factors. It vacated the prison sentences and remanded to the district...

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