State v. Ussery

Rulon, C.J.:

The State of Kansas appeals the imposition of a substantial downward durational and dispositional departure sentence imposed upon defendant Brian K. Ussery for his conviction for rape. We reverse and remand for further proceedings.

The defendant was charged with statutory rape of a 13-year-old girl, S.S., in violation of K.S.A. 2004 Supp. 21-3502(a)(2). The State, for some unknown reason, has failed to include a transcript of the trial within the record on appeal. Consequently, the underlying facts of the offense are rather vague. We are at a loss to understand what prompted the…