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STATE v. RUTHERFORD

No. 96,878.

184 P.3d 959 (2008)

STATE of Kansas, Appellee, v. John D. RUTHERFORD, Appellant.

Court of Appeals of Kansas.

June 6, 2008.

Attorney(s) appearing for the Case

B. Joyce Yeager, of Yeager Law Firm L.L.C., of Overland Park, for appellant.

Frederick B. Campbell, county attorney, for appellee.

Before HILL, P.J., GREEN and STANDRIDGE, JJ.

STANDRIDGE, J.

John D. Rutherford appeals his convictions of aggravated criminal sodomy and aggravated indecent liberties with a child and argues the district court erred (1) by finding probable cause at the preliminary hearing to bind him over for trial; (2) by convicting him at trial of aggravated indecent liberties with a child; and (3) by allowing age of the victim to be used in sentencing as an aggravating factor to support an upward durational departure. We...

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