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STATE v. PRESTON

No. 98,948.

195 P.3d 240 (2008)

STATE of Kansas, Appellee, v. Marsha Inez PRESTON, Appellant.

Supreme Court of Kansas.

November 7, 2008.

Attorney(s) appearing for the Case

Jennifer C. Roth, assistant district defender, of Third Judicial District Public Defender Office, argued the cause and was on the brief for the appellant.

Jamie L. Karasek, assistant district attorney, argued the cause, and Robert D. Hecht, district attorney, and Stephen N. Six, attorney general, were with her on the brief for the appellee.

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

Marsha Inez Preston appeals the district court's ruling that the amount of time she participated in an inpatient drug treatment program while on probation would not be credited as service on her underlying prison sentence. Acknowledging that K.S.A. 21-4603d(n) specifically precludes jail time credit for participation in the certified drug abuse treatment program mandated by K.S.A. 21-4729, Preston argues that...

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