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STATE v. LUTTIG

No. 100,290.

199 P.3d 793 (2009)

STATE of Kansas, Appellant, v. Wanda LUTTIG, Appellee.

Court of Appeals of Kansas.

January 9, 2009.

Attorney(s) appearing for the Case

Benjamin J. Fisher, assistant district attorney, Keith E. Schroeder, district attorney, and Stephen N. Six, attorney general, for appellant.

Janine Cox, of Kansas Appellate Defender Office, for appellee.

Before GREENE, P.J., MALONE, J., and KNUDSON, S.J.

MALONE, J.

The State appeals the district court's determination of Wanda Luttig's criminal history score following her conviction of two counts of forgery. Luttig had two prior forgery convictions. Based on Luttig's third conviction of forgery, the district court ordered her to serve 45 days in jail as a condition of probation. The issue is whether the district court used Luttig's prior forgery convictions to enhance her applicable penalty in this case and, if so...

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