CASE ANNOTATIONS

1. Where presumption of probation in K.S.A. 21-4606a overcome, trial court required to apply provisions herein. State v. Atwell, 14 Kan. App. 2d 752, 754, 798 P.2d 517 (1990).

2. Presumptive sentencing statutes examined; trial court's obligation to read article 46 as a whole noted. State v. Ray, 15 Kan. App. 2d 1, 800 P.2d 148 (1990).

3. Appellate court review of minimum sentence not involving presumptive probation after plea of guilty or nolo contendere examined. State v. Salinas, 15 Kan. App. 2d 578, 579, 811 P.2d 525 (1991).

4. Matters improperly considered in rebutting presumptive sentencing examined; deportations and unlawful entries into U.S. noted. State v. Barraza-Flores, 16 Kan. App. 2d 15, 819 P.2d 128 (1991).

5. When determining whether presumption is overcome, court must consider requirements of K.S.A. 21-4601 and 21-4606. State v. Turner, 16 Kan. App. 2d 221, 225, 226, 820 P.2d 1251 (1991).

6. In denying presumptive sentencing to community corrections, court must consider sentencing factors, individual treatment, and aggravating circumstances. State v. Turner, 251 Kan. 43, 833 P.2d 921 (1992).

7. Application of presumption to person with prior juvenile adjudication coupled with consideration of K.S.A. 21-4601 and 21-4606 examined. State v. Smith, 18 Kan. App. 2d 297, 851 P.2d 397 (1993).

8. Whether defendant who bargains for and receives sentence bargained for waives consideration of presumptive sentence examined. State v. Vargas, 18 Kan. App. 2d 890, 894, 861 P.2d 135 (1993).

9. Whether consideration of presumptive sentence is waived by defendant's entry into plea agreement with recommended sentence examined. State v. O'Connell, 18 Kan. App. 2d 895, 896, 861 P.2d 138 (1993).

10. Whether defendant waives consideration of sentencing factors and presumptive sentence when requesting plea bargain sentence recommendation examined. State v. Moses, 255 Kan. 56, 57, 63, 872 P.2d 265 (1994).

11. Whether court's sentence of mandatory imprisonment for alleged battered woman resulted in manifest injustice examined. State v. Coleman, 19 Kan. App. 2d 412, 418, 870 P.2d 695 (1994).

12. Whether district court erred in failing to consider presumptive sentence of assignment to community corrections examined. State v. Segovia, 19 Kan. App. 2d 493, 494, 872 P.2d 312 (1994).

13. Whether sentencing court failed to consider statutory presumption of community corrections assignment examined. State v. McCloud, 256 Kan. 178, 181, 883 P.2d 775 (1994).

14. Whether court failed to state reasons for giving defendant disproportionately longer sentence than codefendant examined. State v. Kelly, 19 Kan. App. 2d 625, 632, 874 P.2d 1208 (1994).

15. Whether trial court erred in failing to consider presumption of community corrections in sentencing defendant examined. State v. Henry, 19 Kan. App. 2d 805, 806, 876 P.2d 620 (1994).

16. Whether defendant's entry into plea agreement with recommended sentence waives court's consideration of presumptive sentence examined. State v. Wilkie, 19 Kan. App. 2d 969, 970, 879 P.2d 39 (1994).

17. Whether defendant sentenced after KSGA (K.S.A. 21-4701 et seq.) enactment for crimes committed before enactment is denied equal protection by preclusion of sentencing guideline retroactivity examined. State v. Fierro, 257 Kan. 639, 659, 895 P.2d 186 (1995).

18. Cited; juvenile adjudications may be considered in calculating offender's criminal history. State v. LaMunyon, 259 Kan. 54, 60, 911 P.2d 151 (1996).

19. Specific inclusion of juvenile offender in section precludes application thereto by pre-1996 aggravated escape from custody section (K.S.A. 21-3810). State v. Clint L., 262 Kan. 174, 178, 936 P.2d 235 (1997).

20. Case remanded for failure to consider presumptive sentence; issue not waived by failure to file sentence modification motion. State v. Stuber, 25 Kan. App. 2d 254, 266, 962 P.2d 1104 (1998).