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STATE v. EASTERLING

No. 100,454.

213 P.3d 418 (2009)

STATE of Kansas, Appellee, v. David E. EASTERLING, Appellant.

Supreme Court of Kansas.

August 7, 2009.

Attorney(s) appearing for the Case

Christopher M. Joseph, of Joseph & Hollander P.A., of Topeka, argued the cause, and Stephen M. Joseph, of the same firm, of Wichita, was with him on the brief for the appellant.

Matt P. Patterson, assistant district attorney, argued the cause, and Jamie L. Karasek, assistant district attorney, Robert D. Hecht, district attorney, and Steve Six, attorney general, were on the brief for the appellee.

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

As part of a plea agreement, David E. Easterling pled guilty to two counts of aggravated indecent liberties with a child under the age of 14. In exchange for his plea, the State agreed to recommend a durational departure from the hard 25 life sentence mandated by K.S.A. 21-4643 (Jessica's Law) to a term of 118 months in prison. At sentencing, the district court declined to follow the joint recommendation for departure...

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