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STATE v. TROSTLE

No. 99,960.

201 P.3d 724 (2009)

STATE of Kansas, Appellant, v. Donna K. TROSTLE (Hanson), Appellee.

Court of Appeals of Kansas.

February 6, 2009.

Attorney(s) appearing for the Case

Heather R. Jones, county attorney, and Stephen N. Six, attorney general, for appellant.

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

Before RULON, C.J., GREENE, J., and LARSON, S.J.

RULON, C.J.

The State appeals, as a question reserved by the prosecution under K.S.A. 22-3602(b)(3), the district court's decision that it had "reserved" its jurisdiction to release defendant Donna K. Trostle (Hanson) from jail prior to the completion of the 1-year jail sentence originally imposed. The State contends this was an unlawful modification of the defendant's sentence and the district court was without jurisdiction to take such action. We agree.

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