State v. Hambright

The opinion of the court was delivered by Johnson, J.:

Dewayne V. Hambright petitions this court for review of the Court of Appeals' decision that affirmed the sentencing court's imposition of an extended probation term as being a legal sentence, notwithstanding the lower court's reliance on an inapplicable statutory provision. Hambright argues that his sentence is illegal because the panel refused to apply the mandatory precedent of State v. Whitesell , 270 Kan. 259 , 13 P.3d 887 (2000), which required the sentencing court to follow departure sentencing procedures to increase the statutorily…