Court of Appeals of Kansas November 9, 2000, No. 83,611 (State v. McKay)

lead-opinion

Knudson, J.:

Johnnie McKay appeals the imposition of a dis-positional upward departure sentence. The district court’s stated reasons were that McKay absconded while on pretrial release and was, therefore, not an appropriate candidate for probation.

We reverse and remand for resentencing before another district judge.