State v. O'Connell

Royse, J.:

Harvey O’Connell appeals from the sentence imposed by the district court and the denial of his motion to modify sentence.

O’Connell pled no contest to three counts of burglary, a class D felony. He waived his rights to a presentence investigation, and the court agreed to impose sentence immediately after accepting the plea. Pursuant to a plea agreement, O’Connell requested and the State recommended a sentence of 3 to 10 years on each count, the sentences to run concurrently. The plea agreement did not address the sentencing presumptions found in K.S.A. 1992 Supp. 21-4606a and K.S.A.…