State v. Green
Court of Appeals of Kansas
1Opinion of the Court
Hill, J:
Carl Mack Green was convicted of three counts of identity theft. Since he used only one person’s identity, Green now contends we must overturn two of his convictions because he is being punished three times for the same crime. Because Green used the stolen identity at three different retailers over a 2-day period, we hold his convictions are proper.
Green also appeals his departure sentence, contending the aggravating factors determined by his jury were not compelling and not found in the sentencing statute. Finally, he thinks the jury, not the judge, should have decided his criminal…
2Cases cited12 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- State v. IvorySupreme Court of Kansas · 2002
- State v. SchoonoverSupreme Court of Kansas · 2006
- State v. BryanSupreme Court of Kansas · 2006
- State v. KesselringSupreme Court of Kansas · 2005
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3Cited by3 opinions
- State of Tennessee v. Glover P. SmithTennessee Supreme Court · 2014
- State v. SnowCourt of Appeals of Kansas · 2008
- People v. AllmanColorado Court of Appeals · 2017