State v. Cullen

The opinion of the court was delivered by

Six, J.:

Matthew J. Cullen pled guilty to attempted rape and received an upward durational departure sentence and an extended postrelease supervision term. He appeals his sentence.

The two questions for review are: (1) Is Cullen’s upward durational departure sentence imposed under K.S.A. 2001 Supp. 21-4716 unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000), and State v. Gould, 271 Kan. 394, 23 P.3d 801 (2001), even though Cullen, in a plea agreement, recommended that the trial court impose an upward…