Supreme Court of Kansas April 26, 2002, 85,584 (State v. McClennon)

The opinion of the court was delivered by

Six, J.:

Leon M. McClennon, Jr., was convicted of 11 counts of rape, among a number of other crimes. McClennon sought reversal of the upward durational departure sentence imposed on the Count TV rape conviction. The Court of Appeals vacated the upward departure sentence on Count IV and remanded for resentencing, relying on

State v. Gould,

271 Kan.