STATE v. CURRIE

No. 108,612.

308 P.3d 1289 (2013)

STATE of Kansas, Appellee, v. Cleophus C. CURRIE, Appellant.

Court of Appeals of Kansas.

September 27, 2013.


Attorney(s) appearing for the Case

Samuel D. Schirer , of Kansas Appellate Defender Office, for appellant.

Julie A. Koon , assistant district attorney, Mark Bennett , district attorney, and Derek Schmidt , attorney general, for appellee.

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


ARNOLD-BURGER, P.J.

Cleophus C. Currie appeals his sentence, arguing that the sentencing court erred by misinterpreting K.S.A. 2012 Supp. 21-6804(p), finding that the statute prevented the court from granting probation in Currie's case. The State concedes that the statute allows probation, but the State asserts that because Currie was given a presumptive sentence, this court does not have jurisdiction to hear this appeal...

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