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STATE v. DALE

No. 101,199.

220 P.3d 1102 (2009)

STATE of Kansas, Appellee, v. Colton DALE, Appellant.

Court of Appeals of Kansas.

December 4, 2009.

Attorney(s) appearing for the Case

Lydia Krebs, of Kansas Appellate Defender Office, for the appellant.

Christina Trocheck, assistant county attorney, Ellen Mitchell, county attorney, and Steve Six, attorney general, for the appellee.

Before STANDRIDGE, P.J., PIERRON and BUSER, JJ.

PIERRON, J.

Colton Dale pled guilty to one count of vehicle burglary in violation of K.S.A. 21-3715(c). Dale's overall criminal history classification as found by the district court was F. He was sentenced to 9 months in prison. He appeals his sentence. We vacate and remand for resentencing.

Dale had two prior juvenile adjudications for nonresidential burglary in violation of K.S.A. 21-3715. The presentence investigation (PSI) report indicated the special...

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