State v. Young
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The Supreme Court affirmed the decision of the court of appeals to dismiss this appeal of a judgment of conviction, holding that the court of appeals correctly held that it lacked jurisdiction over Defendant's appeal.
Defendant committed a felony while on probation for another felony conviction. The sentencing judge ordered Defendant to serve the presumptive sentence for his new conviction under the Kansas Sentencing Guidelines Act (KSGA), Kan. Stat. Ann. 21-6801 et seq., and ordered Defendant to serve his sentence consecutive to the sentence for the earlier crime. Defendant appealed, arguing that the sentencing judge should have applied Kan. Stat. Ann. 21-6819(a), which allows a judge to impose concurrent sentences if the term of imprisonment resulting from the application of Kan. Stat. Ann. 21-6606, which the judge applied in this case, would be manifestly unjust. The court of appeals dismissed the appeal. The Supreme Court affirmed, holding that the appellate court lacked jurisdiction to review the sentencing judge's decision applying section 21-6606 rather than section 21-6819(a).
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