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STATE v. SPENCER

No. 101,077.

248 P.3d 256 (2011)

STATE of Kansas, Appellant, v. Harold Dean SPENCER, Appellee.

Supreme Court of Kansas.

March 18, 2011.

Attorney(s) appearing for the Case

Natalie A. Chalmers , assistant district attorney, argued the cause, and Jamie L. Karasek , assistant district attorney, Chadwick J. Taylor , district attorney, and Steve Six , attorney general, were on the brief for appellant.

Carl Folsom, III , of Kansas Appellate Defender Office, argued the cause and was on the brief for appellee.

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

This is an appeal taken by the State from the departure sentence given defendant Harold Dean Spencer by District Court Judge Matthew J. Dowd. Spencer pleaded guilty to two counts of aggravated indecent liberties with a child, both off-grid felonies punishable under Jessica's Law. One of the victims was his 6-year-old great-granddaughter; the other was a granddaughter of similar age who was living with Spencer and...

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