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STATE v. HUERTA

No. 101,438.

247 P.3d 1043 (2011)

STATE of Kansas, Appellee, v. Eric F. HUERTA, Appellant.

Supreme Court of Kansas.

March 18, 2011.

Attorney(s) appearing for the Case

Richard Ney , of Ney, Adams & Sylvester, of Wichita, argued the cause and was on the brief for appellant.

David Lowden , assistant district attorney, argued the cause for appellee.

The opinion of the court was delivered by

BEIER, J.:

This case arises on petition for review from the Court of Appeals' dismissal of defendant Eric Huerta's sentencing appeal for lack of jurisdiction under the authority of K.S.A. 21-4721(c)(1). Huerta challenges the constitutionality of this statute, arguing for reversal and remand to the Court of Appeals for consideration of each of his issues on the merits.

Huerta was sentenced to consecutive presumptive...

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