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STATE v. MALMSTROM

No. 101,604.

249 P.3d 1 (2011)

STATE of Kansas, Appellee, v. James MALMSTROM, Appellant.

Supreme Court of Kansas.

March 25, 2011.

Attorney(s) appearing for the Case

Rachel L. Pickering , of Kansas Appellate Defender Office, argued the cause, and Carl Folsom, III , of the same office, was on the brief for appellant.

Keith E. Schroeder , district attorney, argued the cause, and Steve Six , attorney general, was with him on the brief for appellee.

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

James Malmstrom directly appeals his sentence following guilty pleas to two counts of attempted aggravated indecent liberties with a child. More specifically, he claims that after the district court correctly departed from the life sentence with a mandatory minimum term of imprisonment contained in Jessica's Law, K.S.A. 21-4643, the court incorrectly refused to then depart from the applicable gridbox in the Kansas...

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