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STATE v. DUNCAN

No. 99,463.

243 P.3d 338 (2010)

STATE of Kansas, Appellee, v. Issac DUNCAN, Appellant.

Supreme Court of Kansas.

November 19, 2010.

Attorney(s) appearing for the Case

Heather Cessna , of Kansas Appellate Defender Office, argued the cause, and Sarah Morrison , of the same office, was on the brief for appellant.

David Lowden , Assistant District Attorney, argued the cause, and Kristi L. Barton , Assistant District Attorney, Nola Tedesco Foulston , District Attorney, and Steve Six , Attorney General, were on the briefs for appellee.

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

Issac Duncan seeks review of a Court of Appeals decision affirming his upward durational departure sentence ordered after a plea agreement. He argues the departure sentence is illegal because the trial court did not empanel a jury to determine whether aggravating factors existed to justify the upward departure as required by K.S.A. 21-4718 and Apprendi v. New Jersey, 530 U.S. 466

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