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STATE v. ANDELT

Nos. 98,665, 98,699.

217 P.3d 976 (2009)

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

Supreme Court of Kansas.

October 9, 2009.

Attorney(s) appearing for the Case

Christina M. Waugh, of Kansas Appellate Defender Office, argued the cause, and Michelle Davis, of the same office, was with her on the briefs for appellant in case no. 98,699.

Brian S. Carroll, county attorney, argued the cause, and Steve N. Six, attorney general, was with him on the brief for appellee in case no. 98,699.

Christina M. Waugh, of Kansas Appellate Defender Office, argued the cause, and was on the brief for appellant in case no. 98,665.

Elizabeth A.B. Hiltgen, county attorney, and Jason E. Brinegar, former county attorney, and Steve N. Six, attorney general, were on the brief for appellee in case no. 98,665.

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

The question we must resolve today is whether a defendant convicted of a felony drug offense qualifying for a certified drug abuse treatment program under K.S.A. 21-4729 may be sentenced to prison under K.S.A. 21-4603d(f)(1), which authorizes a departure prison sentence where the underlying offense was committed while the defendant is on felony parole. We hold that the provisions of K.S.A. 21-4729 requiring a...

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