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STATE v. BIRD

No. 103,855.

312 P.3d 1265 (2013)

STATE of Kansas, Appellant, v. Sean BIRD, Appellee.

Supreme Court of Kansas.

November 22, 2013.

Attorney(s) appearing for the Case

Ellen H. Mitchell , county attorney, argued the cause, and Steve Six , attorney general, was with her on the brief for appellant.

Janine A. Cox , of Kansas Appellate Defender Office, argued the cause and was on the brief for appellee.

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

We granted Sean Bird's petition for review seeking reversal of the Court of Appeals' decision vacating the district court's imposition of a downward durational departure sentence. Because we conclude substantial competent evidence supports at least two of the mitigating factors found by the district court and those factors, when considered together, constituted substantial and compelling reasons to depart, we reverse...

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