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STATE v. WHORTON

No. 103,840.

254 P.3d 1268 (2011)

292 Kan. 472

STATE of Kansas, Appellee, v. Bradley F. WHORTON, Appellant.

Supreme Court of Kansas.

July 15, 2011.

Attorney(s) appearing for the Case

Christina M. Waugh , of Kansas Appellate Defender Office, was on the brief for appellant.

Boyd K. Isherwood , assistant district attorney, Nola Tedesco Foulston , district attorney, and Steve Six , attorney general, were on the brief for appellee.

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

Bradley F. Whorton directly appeals the district court's refusal to impose a departure sentence pursuant to K.S.A. 21-4643(d), which was jointly recommended by the parties as part of a plea agreement. Whorton complains that the district court's failure to specifically discuss the departure factor to which the parties stipulated constitutes an abuse of discretion. He...

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