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STATE v. PERRY-COUTCHER

No. 104,222.

254 P.3d 556 (2011)

45 Kan. App. 2d 911

STATE of Kansas, Appellee, v. Sandra PERRY-COUTCHER, Appellant.

Court of Appeals of Kansas.

May 6, 2011.

Attorney(s) appearing for the Case

Shawn E. Minihan , of Kansas Appellate Defender Office, for appellant.

Natalie Chalmers , assistant district attorney, Chadwick J. Taylor , district attorney, and Steve Six , attorney general, for appellee.

Before MARQUARDT, P.J., STANDRIDGE and ARNOLD-BURGER, JJ.

ARNOLD-BURGER, J.

Sandra Perry-Coutcher challenges the district court's order mandating that she attend a community corrections drug treatment program. Because the court had no statutory authority to sentence her to a community corrections program, we reverse and remand the case for resentencing.

Perry-Coutcher was convicted of attempted possession of opiates in violation of K.S.A. 21-3301 and sentenced to 18 months of probation with an underlying prison term...

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