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STATE v. HORN

No. 97,872.

196 P.3d 379 (2008)

STATE of Kansas, Appellee, v. Jerry Allen HORN, Appellant.

Court of Appeals of Kansas.

November 7, 2008.

Attorney(s) appearing for the Case

Jessica J. Travis, of Keck & Travis, LLC, of Olathe, for appellant.

Steven J. Obermeier, assistant district attorney, Phill Kline, district attorney, and Paul J. Morrison, attorney general, for appellee.

Before MALONE, P.J., BUSER, J., and LARSON, S.J.

LARSON, J.

This is the appeal of Jerry Allen Horn from the upward departure sentence entered after he pled guilty to seven sex crimes with a 10-year-old boy.

Horn's arguments revolve around the procedure involved in impaneling a jury to consider whether a fiduciary relationship existed between Horn and the victim as an aggravating factor to justify an upward durational departure sentence.

The record reflects that Horn was charged with three counts...

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