State v. Spencer

248 P.3d 256 (2011)

STATE of Kansas, Appellant,

v.

Harold Dean SPENCER, Appellee.

No. 101,077.

Supreme Court of Kansas.

March 18, 2011.

Natalie A. Chalmers, assistant district attorney, argued the cause, and Jamie L. Karasek, assistant district attorney, Chadwick J. Taylor, district attorney, and Steve Six, attorney general, were on the brief for appellant.

Carl Folsom, III, of Kansas Appellate Defender Office, argued the cause and was on the brief for appellee.

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

This is an appeal taken by the State from the departure sentence given defendant Harold…