State v. Moses

The opinion of the court was delivered by

Abbott, J.:

This is a direct appeal by defendant, James L. Moses, wherein he contends the trial judge erred in sentencing him by failing to consider a presumptive sentence of assignment to a community correctional services program and by failing to correct the error on the motion to modify.

Defendant was charged with four counts of aggravated incest, class D felonies, (three counts in violation of K.S.A. 21-3603[2][b] and one count in violation of K.S.A. 21-3603[2][a]).

*57Defendant agreed to plead guilty to each of the offenses charged, and the State agreed…