State v. Boyer

The opinion of the court was delivered by

Rosen, J.:

The State seeks review of a published opinion of the Court of Appeals in State v. Boyer, 40 Kan. App. 2d 318, 191 P.3d 357 (2008), holding that a prior juvenile adjudication for a sex crime could not be the basis for sentencing the defendant as a persistent sex offender under K.S.A. 21-4704(j). A separate panel of the Court of Appeals held in State v. Swisher, No. 94,705, unpublished opinion filed April 6, 2007, rev. denied 284 Kan. 951 (2007), drat a prior juvenile adjudication could be the basis of a persistent sex offender finding. This…