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STATE v. PORTILLO

No. 102,558.

274 P.3d 640 (2012)

STATE of Kansas, Appellee, v. Jose A. PORTILLO, Appellant.

Supreme Court of Kansas.

April 27, 2012.

Attorney(s) appearing for the Case

Ryan J. Eddinger , of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Sheryl L. Lidtke , deputy district attorney, argued the cause, and Robbin L. Wasson , assistant district attorney, Jerome Gorman , district attorney, and Steve Six , attorney general, were on the brief for appellee.

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

Jose A. Portillo directly appeals his conviction for one count of rape of a child under age 14. At sentencing, recognizing that it had failed to properly charge Portillo with the off-grid version of the crime, the State filed a motion to amend the presentence investigation report (PSI) to indicate that Jessica's Law applied and that Portillo was subject to a mandatory minimum hard-25 life sentence. Ultimately...

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