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STATE v. HARSH

No. 103,491.

265 P.3d 1161 (2011)

293 Kan. 585

STATE of Kansas, Appellee, v. John T. HARSH, Appellant.

Supreme Court of Kansas.

November 18, 2011.

Attorney(s) appearing for the Case

Rachel L. Pickering, of Kansas Appellate Defender Office, was on the brief for appellant.

Steven J. Obermeier, assistant district attorney, Stephen M. Howe, district attorney, and Steve Six, attorney general, were on the brief for appellee.

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

John Harsh pled nolo contendere to one count of rape for engaging in sexual intercourse with a girl under the age of 14 in violation of K.S.A. 2006 Supp. 21-3502(a)(2), an off-grid person felony. See K.S.A. 2006 Supp. 21-3502(c). Prior to sentencing, Harsh moved for a downward departure from the mandatory minimum sentence under Jessica's Law, K.S.A. 2006 Supp. 21-4643, seeking instead a sentence of 258 months....

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