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STATE v. FOSTER

No. 97,407.

180 P.3d 1074 (2008)

STATE of Kansas, Appellee, v. Charles FOSTER, Appellant.

Court of Appeals of Kansas.

April 11, 2008.

Attorney(s) appearing for the Case

Korey A. Kaul, of Kansas Appellate Defender Office, for appellant.

Mellissa Rundus, assistant county attorney, Barry Wilkerson, county attorney, and Paul J. Morrison, attorney general, for appellee.

Before MARQUARDT, P.J., GREEN and LEBEN, JJ.

LEBEN, J.

When Charles Foster entered into a plea-bargain agreement in which he agreed to plead no contest to aggravated assault, the State agreed to recommend probation if Foster's criminal-history score was level C or better. The sentencing report scored Foster's criminal history as level C, so the State was committed to recommend probation at the sentencing hearing. But Foster's crime involved the use of a handgun, and K.S.A. 21-4704(h) provided that he could only...

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