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STATE v. BOYER

No. 98,763.

209 P.3d 705 (2009)

STATE of Kansas, Appellee, v. James BOYER, Appellant.

Supreme Court of Kansas.

June 19, 2009.

Attorney(s) appearing for the Case

Lydia Krebs, of Kansas Appellate Defender Office, argued the cause and was on the brief for the appellant.

Lesley A. Isherwood, assistant district attorney, argued the cause, and Nola Tedesco Foulston, district attorney, and Paul J. Morrison, attorney general, were with her on the brief for the appellee.

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

The State seeks review of a published opinion of the Court of Appeals in State v. Boyer, 40 Kan.App.2d 318, 191 P.3d 357 (2008), holding that a prior juvenile adjudication for a sex crime could not be the basis for sentencing the defendant as a persistent sex offender under K.S.A. 21-4704(j). A separate panel of the Court of Appeals held in State v. Swisher, No. 94...

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