State v. Benoit

Elliott, J.:

This case comes before us on remand from the Supreme Court. See State v. Benoit, No. 84,251, unpublished opinion filed June 28, 2002.

We affirm.

We had held that Benoit’s upward dispositional departure sentence must be reversed pursuant to State v. Gould, 271 Kan. 394, 23 P.3d 801 (2001). Our decision proved to be incorrect when the Supreme Court decided State v. Carr, 274 Kan. 442, 53 P.3d 843 (2002).

In its remand order, the Supreme Court ordered us to reconsider our holding in light of Carr and to consider the remaining issues not addressed in our prior opinion. On reconsideration…