STATE v. THOMAS

No. 99,633.

198 P.3d 203 (2009)

STATE of Kansas, Appellant, v. James Paul THOMAS, Appellee.

Court of Appeals of Kansas.

January 9, 2009.


Attorney(s) appearing for the Case

Christina Trocheck, assistant county attorney, Ellen Mitchell, county attorney, and Stephen N. Six, attorney general, for appellant.

Wm. Rex Lorson, of Salina, for appellee.

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


MALONE, J.

The State appeals the district court's imposition of a dispositional departure sentence for James Paul Thomas, who pled guilty to aggravated indecent liberties with a child. We conclude that the district court's findings of fact and reasons justifying the departure do not constitute substantial and compelling reasons for departure as a matter of law. Accordingly, we remand the case to the district court for imposition of a presumptive sentence unless the...

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