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STATE v. HORN

No. 97,872.

238 P.3d 238 (2010)

STATE of Kansas, Appellee, v. Jerry Allen HORN, Appellant.

Supreme Court of Kansas.

August 20, 2010.

Attorney(s) appearing for the Case

Jessica J. Travis, of Keck & Travis, LLC, of Olathe, argued the cause and was on the briefs for appellant.

Steven J. Obermeier, assistant district attorney, argued the cause, and Phill Kline, district attorney, and Paul J. Morrison, attorney general, were with him on the brief for appellee.

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

Jerry Allen Horn seeks review of the Court of Appeals' decision affirming his upward durational departure sentence for multiple sex crimes involving a child. The district court relied on the aggravating factor that Horn had a fiduciary relationship with the 10-year-old male victim. Horn challenges both the process employed to determine the aggravating factor and the sufficiency of the evidence supporting the factor...

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