State v. Ruff

The opinion of the court was delivered by

Lockett, J.:

Defendant Lydia Denise Ruff was convicted by a jury of three counts of aggravated assault, K.S.A. 21-3410. The trial judge found that the defendant used a firearm in the commission of the .crimes. Defendant was subsequently sentenced by another district judge serving on the Wyandotte County Board of Probation (Board). Immediately after sentencing, the Board made a finding of manifest injustice under K.S.A. 1992 Supp. 21-4618(3) and granted defendant probation. The State appeals the finding of manifest injustice and the granting of…