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STATE v. ANDELT

No. 98,699.

195 P.3d 1220 (2008)

STATE of Kansas, Appellee, v. Randy Wayne ANDELT, Appellant.

Court of Appeals of Kansas.

November 21, 2008.

Attorney(s) appearing for the Case

Michelle Davis, of Kansas Appellate Defender Office, for appellant.

Brian S. Carroll, county attorney, and Stephen N. Six, attorney general, for appellee.

Before HILL, P.J., McANANY and STANDRIDGE, JJ.

HILL, J.

In this appeal we must answer the question whether a sentencing court may impose a prison sentence on a defendant whose criminal history score presumptively qualifies him for drug abuse treatment. Randy Wayne Andelt, on parole for a felony in Nebraska, pleaded no contest to possession of methamphetamine in Kansas. His criminal history score placed Andelt in a sentencing category calling for drug abuse treatment. The district court sent him to prison instead...

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