State v. Allen

The opinion of the court was delivered by

Davis, J.:

Lindon Allen was convicted of indecent liberties with a child and sentenced as a “persistent sex offender” to double the maximum duration of the presumptive term of imprisonment for his offense under tire provisions of K.S.A. 2004 Supp. 21-4704(j)(1). The trial court was able to classify Allen as a “persistent sex offender” based upon its finding beyond a reasonable doubt that Allen’s 1987 juvenile adjudication for aggravated incest was sexually motivated under K.S.A. 2004 Supp. 22-3717(d)(2)(L). The Court of Appeals reversed his enhanced…