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STATE v. McCARLEY

No. 95,818.

195 P.3d 230 (2008)

STATE of Kansas, Appellant/Cross-appellee, v. Steven M. McCARLEY, Appellee/Cross-appellant.

Supreme Court of Kansas.

November 7, 2008.

Attorney(s) appearing for the Case

Boyd K. Isherwood, assistant district attorney, argued the cause, and Nola Tedesco Foulston, district attorney, and Phill Kline, attorney general, were with him on the briefs for appellant/cross appellee.

Patrick H. Dunn, of the Kansas Appellate Defender Office, argued the cause and was on the briefs for appellee/cross appellant.

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

Steven M. McCarley was convicted by a jury of reckless aggravated battery, a severity level 5 person felony. The conviction, however, was erroneously classified as a severity level 8 person felony in the presentence investigation report. Because no one caught the error, the trial court sentenced McCarley to the appropriate grid sentence under the Kansas Sentencing Guidelines Act for a level 8 offense—23 months...

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