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STATE v. JOHNSON

No. 96,681.

190 P.3d 207 (2008)

STATE of Kansas, Appellee, v. Randy J. JOHNSON, Appellant.

Supreme Court of Kansas.

August 1, 2008.

Attorney(s) appearing for the Case

Kari R. Nelson, of Kansas Appellate Defender Office, argued the cause, and Matthew J. Edge, of the same office, was on the brief for appellant.

Jared S. Maag, deputy solicitor general, and Ann L. Smith, of Lenexa, argued the cause, and Charles Branson, district attorney, and Paul J. Morrison, attorney general, were with them on the briefs for appellee.

The opinion of the court was delivered by LUCKERT, J.:

Raising an issue of first impression, Randy J. Johnson argues his consecutive sentences for the longest prison term stated in a Kansas sentencing guidelines presumptive grid block are unconstitutional in light of the holding in Cunningham v. California, 549 U.S. 270, 127 S.Ct. 856, 166 L.Ed.2d 856 (2007), which is based upon Apprendi v. New Jersey, 530 U.S. 466, 490...

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