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STATE v. NELSON

No. 106,946.

294 P.3d 323 (2013)

STATE of Kansas, Appellee, v. Jeffery D. NELSON, Appellant.

Supreme Court of Kansas.

February 15, 2013.

Attorney(s) appearing for the Case

Meryl Carver-Allmond , of Kansas Appellate Defender Office, was on the brief for appellant.

Jamie L. Karasek , deputy county attorney, and Derek Schmidt , attorney general, were on the brief for appellee.

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

Jeffery D. Nelson appeals the imposition of an enhanced mandatory minimum hard 50 sentence under K.S.A. 21-4635 for the premeditated first-degree murder of his stepfather. Nelson argues the district court abused its discretion because no reasonable person would agree that the three aggravating factors found by the district court outweighed its finding in mitigation that Swartz physically abused Nelson as a child...

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