State v. Carr

The opinion of the court was delivered by

Lockett, J.:

Defendant Timothy A. Carr claims (1) the district court’s imposition of a dispositional departure — incarceration rather than presumptive probation- — -violated his constitutional rights under Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000), and (2) the district court’s reasons for departing were not substantial and compelling. These arguments were rejected by the Court of Appeals. State v. Carr, 29 Kan. App. 2d 501, 28 P.3d 436 (2001). We granted Carr’s petition for review pursuant to K.S.A. 20-3018(b). The…