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STATE v. ORTEGA-CADELAN

No. 98,713.

194 P.3d 1195 (2008)

STATE of Kansas, Appellee, v. Angelo ORTEGA-CADELAN, Appellant.

Supreme Court of Kansas.

October 31, 2008.

Attorney(s) appearing for the Case

Carl Folsom, III, 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 Stephen N. Six, attorney general, were with her on the brief for appellee.

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

Angelo Ortega-Cadelan pled guilty to one count of rape in violation of K.S.A. 21-3502(a)(2) (sexual intercourse with child under 14 years of age). He received a mandatory life sentence without the possibility of parole for 25 years and postrelease supervision for life. Ortega-Cadelan appeals his sentence. Raising a new issue on appeal, he argues his sentence constitutes cruel or unusual punishment. In addition...

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