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STATE v. LaBELLE

No. 98,136.

231 P.3d 1065 (2010)

STATE of Kansas, Appellee, v. Kevin J. LaBELLE, Appellant.

Supreme Court of Kansas.

May 28, 2010.

Attorney(s) appearing for the Case

Rachel L. Pickering, of Kansas Appellate Defender Office, argued the cause and was on the briefs for appellant.

Julie A. Koon, assistant district attorney, argued the cause, and Nola Tedesco Foulston, district attorney, and Steve Six, attorney general, and Paul E. Morrison, former attorney general, joined her on the briefs for appellee.

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

Kevin J. LaBelle appeals the Court of Appeals' affirmation of the district court's denial of his motion to correct an illegal sentence. We granted LaBelle's petition for review; our jurisdiction is under K.S.A. 20-3018(b).

The issues on appeal, and our accompanying holdings, are as follows:

1. Did the district court err in classifying LaBelle as a persistent sex offender and in ultimately doubling...

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