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High School Roundup: West tips Brady on late trey
January 20. 2018 3:05AM
You won't find a better way to snap a losing streak than what the Manchester West High boys' basketball team did to beat Bishop Brady of Concord 64-62 in overtime on Friday in Concord.
Gob Gob hit a game-winning 3-pointer with 2.3 seconds to play in the extra frame to help the Blue Knights (3-6) end a six-game losing skid. Isaac Nimley was the high man for West with 20 points while Gob ended up with 19. Bryce Johnson topped all scorers with 29 for Bishop Brady (1-5).
Salem 47, Bishop Guertin 45: In Salem, Zack Carabello and Nick Hayes combined to score all 20 Blue Devils points in the fourth quarter as Salem (5-2) rallied from a 14-point deficit to take a fourth-quarter lead and win.
Caraballo scored 17 points, including four 3-pointers, and Hayes scored 14, all in the second half. Austin Hiscoe led the Cardinals (1-5) with 21 points, including four 3-pointers.
Alvirne 68, Spaulding 63: In Hudson, Max Bonney-Liles scored 26 points as the Broncos (6-1)extended their win streak to four games. Ryan Weston followed Bonney-Liles with 18 points. Spaulding (1-6) got 23 points from Isiah Rose and 20 from Arie Breakfield.
Souhegan 79, Pelham 62: In Pelham, the Sabers' best scoring output of the year came with 35 points from Andersen Geffrard. Souhegan (4-4), which posted a 27-15 second quarter, also had Max Leonard go for 14 points. Drew Brown paced Pelham (4-3) with 17 points.
Derryfield 67, Moultonborough 36: In Manchester, Jeff Pratt scored 25 and Max Byron added 13 as the Cougars stayed unbeaten (8-0) with a wire-to-wire win. Reese Swedberg led Moultonborough (5-5) with 15.
Campbell 72, Prospect Mountain 28: In Tilton, the Cougars (6-1) ripped off at least 20 points in three of four quarters on the way to knocking off the Timberwolves (2-6). Brendan Rice dropped 19 points for Campbell, which got seven points from Chad Martel.
John Stark 51, Windham 40: In Windham, Kyle Hagman and Troy Gamache each poured in 11 points to help the Generals (3-3) snap a two-game losing skid. John Stark's 13-3 third quarter was the difference. Joe Shields scored 13 points for Windham (3-5).
Exeter 67, Merrimack 32: In Merrimack, the Morissette brothers combined for 29 points to keep the Blue Hawks unbeaten at 7-0. Cody Morissette scored 15 while younger brother Josh added 14. Merrimack slipped to 3-4.
Girls' basketball
Windham 58, John Stark 47: In Weare, freshman Sarah Dempsey had a career high of 19 points, seven rebounds and three blocks, and senior captain Kaleigh Walsh finished with 17 points for Windham (8-1). Jillian Douzanis and Chelsea Woodsum led the Generals (3-4) with 10 points apiece.
Manchester Memorial 56, Keene 37: In Keene, the undefeated Crusaders (8-0) got all they could handle from the Blackbirds in the first half before pulling away later. Mel Presseau (18 points) scored eight of 10 points in the first 51 seconds of the second half to get Memorial a lead after playing to a 17-17 tie into halftime. Lyric Grumblatt pitched in 11 points for Memorial, which ran away with an 18-3 fourth quarter. Madison Fournier knocked down a pair of early treys to awaken the Crusaders in the first half.
Bow 42, Coe-Brown 39: In Bow, Lea Crompton's two late free throws secured the win for the Falcons (4-3). Crompton scored 11, Patty Nordin added nine, Megan Remick added seven and Julia Landcastle scored six for Bow, which got 14 rebounds from Erin Boldwin. Valentina White scored 15 and Ahna McCusker scored 12 for Coe-Brown (3-6).
Pinkerton 63, Manchester Central 28: In Manchester, Brooke Kane led all scorers with 27 for the Astros (5-1). Amanda Lemire added 15. Shae Rix led Central (5-3) with nine.
Pelham 49, Souhegan 20: In Amherst, the Pythons (8-1) made it six straight wins with the thumping of the Sabers (4-6). The win was spurred by a 21-2 opening quarter. Olivia Gagnon scored 19 points for Pelham while Danielle Sirois pitched in 13. Souhegan got 10 points from Mia Len.
Concord 52; Nashua South 22
132: Jeremy Bridge (NASO) over Evan Berube (CONC) (Fall 2:44) 138: Nicholas Bunch (CONC) over Trevor Froburg (NASO) (Fall 1:58) 145: Thomas Cullerton (NASO) over Liddon Ling (CONC) (Dec 9-3) 152: Isaac Habimana (CONC) over Connor Goodwin (NASO) (MD 15-3) 160: Tyler Simpson (CONC) over Leandra Bryant (NASO) (Fall 1:19) 170: Isaac Gladey (CONC) over (NASO) (For.) 182: Tyler Linscott (NASO) over Hugh Gunnison (CONC) (Fall 1:56) 195: Noah Giffard (CONC) over Kyle O`Connor (NASO) (Dec 6-0) 220: Alexander Buteau (CONC) over Nathan Zalzal (NASO) (Fall 1:08) 285: Ian Schafer (CONC) over Nathanael Tejeda (NASO) (Dec 5-3) 106: Colby Spencer (NASO) over Ghana Darjee (CONC) (Fall 5:04) 113: Sam Wagner (CONC) over Aidan Walsh (NASO) (Fall 1:04) 120: Ethan Comeau (CONC) over Kyle Salemi (NASO) (Fall 1:44)


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subset: commoncrawl


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A newly minted green and white sign on Barrett Drive, just west of the intersection with Alameda, announces a long-awaited addition to the public park resource base for the community.
But, be careful - the sign and the recent dramatic removal of the 30-plus-acre orchard at the site have started a swirl of rumors.
"We have no specific plans for the parcel beyond the already approved conditional use allowing an extension of the Indian Creek Trail," said Lori Stirn, Hood River Parks and Recreation Special District director.
In fact, parks district staff members are hoping to get a lot of public input on the potential use of the property before doing much more than grading and grass seeding.
Addressing one of the biggest potential rumors, Stirn responded to the question of whether ball fields will be placed on the property.
"Adding new ball fields has always been a part of the master plan for the district," said Stirn, "but the Barrett property has an approved conditional use permit which allows only passive recreation. Ball fields are not considered passive recreation at this time."
As to whether ball fields might be added in the future, Stirn clarified the current status of that possibility.
"We do not have the money to try to proceed through an exception process on the conditional use," she said. "We estimate that would cost close to $100,000 and would not guarantee that ball fields would become an allowable use, even after expending those funds. We don't think this is a wise use of limited dollars."
Ball fields aside, the parks district has a goal to find good public uses allowable under the current restrictions. Stirn noted that playgrounds, walking and biking paths, community gardens and radio-controlled toy zones are all currently allowable "passive recreation" possibilities.
Accessory park elements such as restrooms, parking lots, storage buildings and access points are most likely included as allowable under current law, but are also still being reviewed by parks staff, the Oregon Department of State Lands and the Department of Land Conservation and Development.
Although funding is not yet in hand to develop any of the possible uses for the land, Stirn provided a summary of actions now underway and background on those actions.
Land clearing: Under the acquisition grant obtained to aid in the purchase of the property Stirn noted, "We were required to remove the orchard to meet their guidelines."
Some basic grading and grass seeding will be taking place into early summer.
Open to the public: Likewise, in order to fulfill those grant funding guidelines, the property is now technically open to the public - although it would be wise to bring your mud-wading boots. Usability should increase by early summer.
Trail in process: In order to complete the approved new planned portion of Indian Creek trail (to run along the northern border of the site), parks staff must secure the cooperation of two neighboring property owners.
If successful in creating the continuity through neighboring properties, the trail path will be graded and seeded with grass, and will include some graveled areas where standing water may be an issue. Additional bank stabilization must also be done. The related easement negotiations are still under way.
Neighbor property demarcations: Areas where the parks property abuts or encircles neighboring property are now being demarcated through a combination of fencing and plantings. Individual property owners have been negotiating out preferences directly with parks representatives.
Planning and participation: The original master plan for the parks district was created in 1998 and updated in 2005. With decisions needing to be made on the Barrett property, Stirn hopes that planned public meetings in early May will result in both an updated master plan and specific plans for the Barrett property. Public participation is essential.
Comment period now open: If you can't wait to participate in the planned master plan public meetings, you are encouraged to send questions, comments and concerns directly to Stirn, other parks district staff or board members at any time.
The public may also attend any of the regularly scheduled meetings on the third Wednesday of every month at 7 p.m. at the Hood River Aquatic Center (unless otherwise noted).
Comments may be directed to the parks district e-mail at firstname.lastname@example.com or to the street address at: 1601 May Ave., Hood River, 97031. Future master planning meetings will be announced to the public.
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I have a palm treo 680, and after installing the scummvm gives me a fatal error when running any game:
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Anybody knows that it can be?. How can I solve it?
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Moving this to the Palm subforum, people are more likely to help you there


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I received and installed my Versa Bars today. I have not ridden with them on yet, but I did try several ups n downs, and they work great, even better than I thought they would. I will be doing some fine tuning of the height and positioning over the next few rides, but I think it safe to say that these are well worth the money to me. Thanks again for all the input, I'll add some comments in a week or so after several rides.


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Several items were discussed at this week's Shawnee Planning Commission meeting, including the creation of a new Boomerang restaurant.
Several items were discussed at this week's Shawnee Planning Commission meeting, including the creation of a new Boomerang restaurant.
Ron Degraffenreid, owner of Boomerang Diners, is closing the Kickpoo Street location, just north of MacArthur Street, and opening another in the 400 block of MacArthur.
After the staff recommendation, the planning commission voted unanimously to approve the rezoning.
Another item on the agenda was the current O'Reilly's Auto Parts location. This location requested a rezoning to expand the parking lot, in addition to adding a new location on Kickapoo Street, which was addressed at a previous meeting.
The planning commission voted unanimously to approve the rezoning for the Harrison Street location.
Also included on the agenda was a preliminary and final plat request for Belmont Park Addition at Acme and MacArthur Streets. This includes multi-family housing, which will feature 25 townhome-style units. The preliminary plat included three separate lots. The final plat requested was only for Lot 1.
The commission voted unanimously to approve the preliminary plat and the final plat for Lot 1.
The agenda also included a request for rezoning a property on North Harrison, in order for it to be used as a storage facility. Clayton Eads, the applicant, said he works at a storage facility and Shawnee needs more storage.
The next item was related. It was a plat for building the storage facility.
The commission voted 5-1 to approve, with Shawna Turner in the opposition. Turner said later she doesn't believe Shawnee needs any more storage facilities, and after they are built they can't be used as anything else. Storage facilities become "eyesores" for the community, Turner added.
In New Business, the commission also discussed a letter to be drafted from the Planning Commission about creating a bike lane on Bryan Street between Highland and MacArthur. The letter will be sent to the Traffic Commission and City Commission.
The approved rezonings and plats will be heard at the Monday, Oct. 15, City Commission meeting.
The Planning Commission will have a special called meeting to discuss rezoning 204 N. Louisa to allow for a homeless shelter. The meeting will be at 1:30 p.m. Wednesday, Oct. 10, in the Commission Chambers at Shawnee City Hall.
The next regularly scheduled Planning Commission meeting will be at 1:30 p.m. Wednesday, Nov. 7, in Commission Chambers at Shawnee City Hall.


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Date published: 2013-07-29


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The Advantages of Closing a Few Doors
Posted byon 02.27.08 |
…Dan Ariely's new book, 'Predictably Irrational,' an entertaining look at human foibles like the penchant for keeping too many options open. "Closing a door on an option is experienced as a loss, and people are willing to pay a price to avoid the emotion of loss," Dr. Ariely says… So what can be done? One answer, he says, is to develop more social checks on overbooking. He points to marriage as an example: 'In marriage, we create a situation where we promise ourselves not to keep options open. We close doors and announce to others we've closed doors.'" READ MORE >
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No. 93,626
1. The constitutionality of a statute is a question of law, over which appellate courts exercise an unlimited standard of review.
2. The constitutionality of a statute is presumed, and all doubts must be resolved in favor of its validity. Before a statute may be struck down, it must clearly appear that the statute violates the Constitution.
3. Under Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000), other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt.
4. Apprendi does not apply to a sentencing judge's finding beyond a reasonable doubt that an offense was sexually motivated which results in imposition of the provisions of the Kansas Offender Registration Act (KORA), K.S.A. 2005 Supp. 22-4901 et seq.
5. Issues regarding the amount of restitution and the manner in which it is made to the aggrieved party are normally subject to review under an abuse of discretion standard. A sentencing judge's factual finding of causation between the crime and the victim's loss is subject to a substantial competent evidence standard of review. The sentencing judge's interpretation of a statute is subject to unlimited review.
6. In Kansas, restitution for a victim's damages or loss depends on the establishment of a causal link between the defendant's unlawful conduct and the victim's damages.
7. Although the rigidness and proof of value that lies in a civil damage suit does not apply in a criminal case, the sentencing judge's determination of restitution must be based on reliable evidence which yields a defensible restitution figure. A victim of a property crime is entitled to restitution only up to the amount of loss.
8. When measuring damages to personal property where the item damaged has no market value, other relevant factors must be considered such as cost of repair, the original value, the loss of use, any special value to the owner, the loss of expected profits, and the cost of replacement.
Appeal from Butler District Court; CHARLES M. HART, judge. Opinion filed July 21, 2006. Affirmed in part and reversed in part.
Patrick H. Dunn, of Kansas Appellate Defender Office, for appellant.
Jan Satterfield, county attorney, and Phill Kline, attorney general, for appellee.
Before BUSER, P.J., LARSON, S.J., and WAHL, S.J.
BUSER, J.: Brent K. Chambers appeals from the district court's order that he register as a sex offender pursuant to the Kansas Offender Registration Act, K.S.A. 2005 Supp. 22-4901 et seq. (KORA). Chambers also appeals from the district court's restitution orders. We affirm in part and reverse in part.
Factual and Procedural Background
In December 2003, Chambers was charged in Butler County with two counts of burglary, two counts of misdemeanor theft, and one count of misdemeanor criminal damage to property. The information alleged in part that Chambers had entered two residences with the intent to commit theft and had stolen women's lingerie.
Eight days later, Chambers was charged in another Butler County case with two counts of burglary to a dwelling with the intent to commit theft and had stolen women's lingerie. Both cases were ultimately consolidated.
From the inception of the litigation, the State made clear its contention that "[t]his is a sexually motivated offense." The State repeated its contention at the plea hearing in March 2004, advising the district court it would seek registration of Chambers as a sex offender pursuant to the KORA. Chambers pled guilty to the burglary counts, and the State dismissed the remaining misdemeanor counts. In stating the factual basis for his pleas, Chambers said he entered the residences to look for undergarments, he took all the "ladies underwear, undergarments" that he could find, and then went home. Because the parties could not agree on the sex offender registration issue, the State indicated "the court will have to determine same at the time of sentencing."
In April 2004, the State filed a "Notice of Allegation of Sexually Motivated Crime." The State requested that "the Court, as trier of fact, hear evidence at time of sentencing to determine whether [Chambers] was sexually motivated when he committed the crimes of burglary beyond a reasonable doubt pursuant to K.S.A. 59-29a14 and/or K.S.A. 22-4901 et seq."
The sentencing hearing was held in May 2004. Two witnesses testified in support of a finding that the crimes were sexually motivated. The first, Detective Tracy Burnett, testified on behalf of the State regarding his interview of Chambers following the offenses. During this interview, Chambers admitted he had stolen the undergarments in order to take them home and masturbate with them. Detective Burnett testified that masturbation was the only motive Chambers gave for the thefts.
A therapist, Jennifer Reid, LCSW, testified she had treated Chambers since 1999. Reid first met Chambers when he was admitted to an adolescent sex offender program "after he had perpetrated similar acts in Hutchinson." Reid testified that Chambers had a number of diagnoses, including "[o]bviously . . . a fetish disorder, which is the stealing of women's undergarments." Other diagnoses included "a voyeurism diagnosis," an indication of attention deficit hyperactivity disorder, bipolar disorder, somatoform disorder, impulse control disorder, a differential diagnosis of posttraumatic stress disorder, and personality disorder not otherwise specified.
Reid opined that Chambers' behavior would not progress to more violent acts because "I've known [Chambers] for four or five years now and his arousal patterns have not changed, his fantasies have not changed, the material to which he masturbates has not changed, it's pretty consistent." Reid testified Chambers would need therapy "[t]wo years minimum. Likely forever." She characterized the instant crimes as a relapse, saying, "It's kind of like alcoholism; it's going to have to be monitored forever." Reid also stated Chambers has a history of not taking his medication, and that "[h]e has to take his medication. He cannot go off of these unless it's determined appropriate by the treatment team."
When asked, "[A]lthough these crimes are burglaries, you would agree that these are sexual in nature?" Reid answered, "Yes."
The sentencing judge also took testimony from the victims on the amount of restitution. The victims gave the cost to replace the stolen lingerie, and they agreed with the State that it would be difficult to put a market value on used lingerie. One parent also testified to the installation of a $350 security system in their home because "we live across the street from this young man, and our 13-year-old will not stay home by herself anymore."
The sentencing judge imposed a base sentence of 32 months' imprisonment, but pursuant to the sentencing guidelines placed Chambers on a 24-month probation. In addition to conditions of probation, Chambers was ordered to pay a total of $1,225 in restitution, which included the cost of the security system installed by one of the victim families.
In July 2004, in a continuation of the sentencing hearing, the judge found Chambers' crimes were sexually motivated and ordered that he register as a sex offender. Chambers appeals.
Constitutionality of K.S.A. 2005 Supp. 22-4901 et seq. (KORA)
The KORA requires registration of offenders. K.S.A. 2005 Supp. 22-4904(a)(1), (a)(3) and (a)(4). An "offender" includes any person defined as a "sex offender." K.S.A. 2005 Supp. 22-4902(a)(1) and K.S.A. 2005 Supp. 22-4904(a)(1). A sex offender includes persons convicted of a "sexually violent crime." K.S.A. 2005 Supp. 22-4902(b). "Sexually violent crime" is defined in part by listing specific offenses which include, among other crimes, rape, aggravated indecent liberties with a child, criminal sodomy, and aggravated sexual battery. See K.S.A. 2005 Supp. 22-4902(c)(1), (3), (4), and (10). Burglary is not specifically listed as a sexually violent crime under any of this statute's provisions.
K.S.A. 2005 Supp. 22-4902(c)(14), however, includes as a sexually violent crime:
"[A]ny act which at the time of sentencing for the offense has been determined beyond a reasonable doubt to have been sexually motivated. As used in this subparagraph, 'sexually motivated' means that one of the purposes for which the defendant committed the crime was for the purpose of the defendant's sexual gratification."
As noted earlier, the sentencing judge found beyond a reasonable doubt the burglaries Chambers committed were sexually motivated. Chambers argues that "[b]ecause K.S.A. 2003 Supp. 22-4902(c)(14) allows the punishment for a conviction to be enhanced after factual findings by the court, rather than a jury, it is unconstitutional under the rule of Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000)." This issue is one of first impression in Kansas.
Chambers' constitutional challenge to the KORA is a question of law subject to unlimited review. See State v. Carr, 274 Kan. 442, 444-45, 53 P.3d 843 (2002). At the outset, "[w]hen we are presented with a claim that a statute is unconstitutional, our initial inquiry is to search for a way to uphold the statute. [Citation omitted.]" State v. Gould, 271 Kan. 394, 405, 23 P.3d 801(2001). An appellate court must always remember "our longstanding and well-established rules that the constitutionality of a statute is presumed, that all doubts must be resolved in favor of its validity, and that before a statute may be struck down, it must clearly appear that the statute violates the Constitution. [Citation omitted.]" In re Care & Treatment of Hay, 263 Kan. 822, 831, 953 P.2d 666 (1998).
In Gould, our Supreme Court applied Apprendi to K.S.A. 2000 Supp. 21-4716, a statute permitting upward durational departures if certain facts were found by the sentencing judge. 271 Kan. at 410-11. Our Supreme Court concluded that Apprendi recognized a constitutional "guarantee" that "'[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.' [Citation omitted.]" 271 Kan. at 405-06. The court reasoned that "Gould's jury verdict 'authorized' a sentence of 31 to 34 months for each child abuse conviction. By imposing two 68-month sentences, the district court went beyond the maximum sentence in the applicable grid box and exposed Gould to punishment greater than that authorized by the jury's verdict." 271 Kan. at 410-11. Accordingly, our Supreme Court held K.S.A. 2000 Supp. 21-4716 violated the "notice and jury trial guarantees of the Sixth Amendment and the Due Process Clause of the Fourteenth Amendment" because, under Apprendi, a "judge may not impose a more severe sentence than the maximum sentence authorized by the facts found by the jury." 271 Kan. 394, Syl. ¶ ¶ 2, 4.
Although Gould's convictions were determined by a jury, and in the present case Chambers' convictions resulted from guilty pleas, that fact alone does not change the analysis under Apprendi. See Blakely v. Washington, 542 U.S. 296, 299-301, 159 L. Ed. 2d 403, 124 S. Ct. 2531 (2004) (applying Apprendi analysis to sentence enhancement ordered by a sentencing judge who found additional facts not admitted to in a guilty plea); State v. Cody, 272 Kan. 564, Syl. ¶ 1, 35 P.3d 800 (2001) (Under Apprendi, a plea of guilty does not waive due process rights.).
A line of cases have applied Apprendi and Gould to sentence enhancement for sexually motivated crimes. In State v. Anthony, 273 Kan. 726, 45 P.3d 852 (2002), our Supreme Court considered an increase in postrelease supervision ordered by the district court upon a jury conviction for aggravated indecent liberties with a child. The court began its analysis by observing that "[p]ostrelease supervision is a component of the underlying prison sentence." 273 Kan. at 728. This did not run "afoul of the protections outlined in Apprendi and Gould," however, because aggravated indecent liberties is "by [statutory] definition a sexually violent crime." 273 Kan. at 729. As a result, the sentencing judge "was not required to make an additional finding of fact beyond that made by the jury." 273 Kan. at 729.
This court applied Anthony in State v. Allen, 30 Kan. App. 2d 774, 48 P.3d 678 (2002), rev. denied 275 Kan. 965 (2003), where the defendant pled guilty and was convicted of multiple counts of aggravated indecent liberties with a child and criminal sodomy. We held the sentencing judge's order increasing postrelease supervision did not violate Apprendi and Gould because "[t]he plea to a charge of aggravated indecent liberties is a plea to a crime which is sexually violent and sexually motivated by definition. No inference is necessary." 30 Kan. App. 2d at 777. Once again, there was "no need for any evidentiary fact finding by the court, which is prohibited by Apprendi and Gould." 30 Kan. App. 2d at 777. See also State v. Walker, 275 Kan. 46, 51, 60 P.2d 937 (2003) ("The reasoning in Allen is persuasive."); State v. Moore, 274 Kan. 639, 654, 55 P.3d 903 (2002) (doubling a defendant's sentence as a persistent sex offender under K.S.A. 1997 Supp. 21-4704[j] was permissible because "all the crimes were defined by the legislature as sexually violent crimes.").
In contrast, the crime to which Chambers pled–burglary–is not statutorily defined as a sexually motivated crime. Moreover, Chambers admitted only to burglarizing homes with the intent to steal women's lingerie, which does not necessarily constitute an admission to sexual motivation. See State v. Patterson, 25 Kan. App. 2d 245, 251, 963 P.2d 436, rev. denied 265 Kan. 888 (1998) (theft of women's underwear was sexually motivated because defendant "kept underwear in a locked cabinet containing pornographic materials"). Chambers' crimes were found to be sexually motivated only after an evidentiary hearing.
Given the facts and relevant case law, the sentencing judge's determination that Chambers was sexually motivated in committing the burglaries implicates Apprendi and Gould provided that the KORA's provisions are considered "a more severe sentence than the maximum sentence authorized by the facts found by the jury" or, in this case, by Chambers' plea of guilty. Gould, 271 Kan. at 394, Syl. ¶ ¶ 2, 4.
Some states which have considered this issue have held Apprendi does not apply to sex offender registration because registration is not a punishment. See People v. Stead, 66 P.3d 117, 120 (Colo. App. 2002) ("Because we conclude that the registration and Internet posting provisions . . . do not constitute punishment, Apprendi is inapplicable."); Young v. State, 370 Md. 686, 716, 806 A.2d 233 (2002) ("We agree with those courts that have found that sex registration and notification statutes are not punishment in the constitutional sense. Accordingly, we hold that requiring petitioner to register as a sex offender . . . does not constitute punishment, but is a remedial requirement for the protection of the public."); Commonwealth v. Kopicz, 840 A.2d 342, 348 (Pa. Super. 2003) ("Because the [Pennsylvania] Supreme Court found that the registration, notification and counseling provisions were nonpunitive, Appellant is not subject to 'enhanced punishment' by virtue of his adjudication as a sexually violent predator.").
Our Supreme Court, however, has held the public access provisions of the KORA, found under K.S.A. 22-4909 and amendments thereto, are punishment for several purposes. In State v. Myers, 260 Kan. 669, 699, 923 P.2d 1024 (1996), cert. denied 521 U.S. 1118 (1997), the court held sex offender registration is punishment for ex post facto purposes: "We hold that the legislative aim in the disclosure provision was not to punish and that retribution was not an intended purpose. However, we reason that the repercussions, despite how they may be justified, are great enough under the facts of this case to be considered punishment." The Kansas act also allowed "unrestricted public access" which our Supreme Court held was "excessive and goes beyond that necessary to promote public safety." 260 Kan. at 699. Finally, the element of public access "makes more burdensome the punishment for a crime after its commission." 260 Kan. at 699. But see Smith v. Doe, 538 U.S. 84, 99, 155 L. Ed. 2d 164, 123 S. Ct. 1140 (2003) (Alaska's practice of posting its sex offender registry on the Internet is not punishment for ex post facto purposes: "Widespread public access is necessary for the efficacy of the scheme, and the attendant humiliation is but a collateral consequence of a valid regulation.").
In State v. Scott, 265 Kan. 1, 6, 961 P.2d 667 (1998), our Supreme Court considered whether the KORA's public access provisions were cruel and unusual punishment. The Supreme Court acknowledged the rapidly changing legislative landscape involving sexual offender registration laws:
"In order to comply with the requirements of 42 U.S.C. § 14071 (1994), most states amended their registration laws in 1997 and now provide for much greater public access than existed when we decided State v. Myers over 2 years ago. Many other states now allow broad public access to sex offender registration information similar to that permitted in Kansas. [Citations omitted.] Virtually every state now permits some public access, and all require sex offenders to register." 265 Kan. at 11.
While noting that Myers only involved ex post facto analysis, the court determined that it would "not attempt to alter the Myers conclusion as to the punitive effect of the [KORA]." Scott, 265 Kan. at 6. Under the facts in Scott, our Supreme Court held "the punitive effect of the registration and notification provisions . . . are not so disproportionate . . . that such registration and public access is deemed inhumane, shocking, barbarous, or contrary to fundamental notions of human dignity so as to constitute cruel and unusual punishment." 265 Kan. at 15.
The KORA's punitive nature was considered again in State v. Wilkinson, 269 Kan. 603, 9 P.3d 1 (2000), where the defendant pled guilty to incest and was ordered to register as a sex offender. Similar to the present case, incest was not listed as a statutorily defined sexually violent crime, but it was "deemed a sexually violent crime . . . because it was found beyond a reasonable doubt to have been sexually motivated." 269 Kan. at 606. The defendant argued this procedure violated his due process rights because the KORA "does not afford him a hearing to determine the degree of threat he poses to the public prior to requiring him to register and/or prior to permitting the public to have access to his registration information." 269 Kan. at 605-06.
After citing to Myers and Scott, our Supreme Court held:
"[T]he only procedural due process to which [the defendant] was entitled was the process required to convict him of the underlying offenses which triggered this noncruel, nonarbitrary aspect of his 'punishment' and the due process necessary to certify his offenses as sexually violent crimes within the terms of the [KORA]. [Citation omitted.]" 269 Kan. at 614.
Importantly, the Wilkinson decision was reached "[a]ssuming no constitutionally deficient procedure . . . in certifying [the conviction] as a sexually violent offense under the terms of the [KORA.]" 269 Kan. at 614. In fact, our Supreme Court specifically noted that Wilkinson did not assert any constitutional infirmity in the trial court's certification of incest as a sexually violent crime in that case. 269 Kan. at 614. In the present case, however, Chambers alleges a constitutionally deficient procedure.
In light of this case precedent we must decide whether, under Apprendi, our Supreme Court's holdings that set forth the punitive nature of the KORA mean a K.S.A. 22-4902(c)(14) determination of sexual motivation must be made by a jury if a defendant has not admitted to sexual motivation or waived the right to a jury determination of that fact.
We begin by observing that Myers, Scott, and Wilkinson are not Apprendi cases. They address the punitive nature of the KORA in the context of ex post facto, cruel and unusual punishment, and procedural due process issues. These cases, however, do not address the "constitutional protections of surpassing importance," which include the Sixth Amendment's right to a speedy, public trial by an impartial jury and the Fourteenth Amendment's guarantee of due process of law which engaged the Supreme Court in Apprendi, 530 U.S. at 476-77.
For purposes of conducting an Apprendi analysis of the KORA, we view our Supreme Court's holdings in Myers, Scott, and Wilkinson as not dispositive of the critical issue: Does the KORA "impose a more severe sentence than the maximum sentence authorized by the facts found by the jury" as that phrase is used in Apprendi and its progeny? Gould, 271 Kan. 394, Syl. ¶ ¶ 2, 4; see Blakely, 542 U.S. at 298 (increase in term of imprisonment); Apprendi, 530 U.S. at 469 (same).
We first turn to State v. Carr, 274 Kan. 442, 444, 53 P.3d 843 (2002), wherein our Supreme Court considered whether a sentencing judge's decision to impose a prison sentence rather than a presumptive sentence of probation implicated Apprendi. Although sentencing a defendant to prison rather than granting probation qualifies as a more severe punishment, the court held Apprendi did not apply, because "Apprendi applies only to upward durational departures of a sentence imposed." 274 Kan. at 452. The Court reasoned an upward departure on disposition was not relevant under Apprendi because "[p]robation and parole are dispositions alternate to the serving of a sentence, and neither probation nor parole increase or decrease the sentence required to be imposed by statute." 274 Kan. at 451. Noting that while "the judge refused to grant Carr probation, Carr's prison sentence of 15 months was not increased," our Supreme Court concluded that "[t]he distinction between probation and the imposition of a prison sentence renders the United States Supreme Court's Apprendi decision inapplicable to a sentencing judge's decision to impose a dispositional departure prison sentence rather than to grant probation." 274 Kan. at 452.
Similarly, in State v. Garcia, 274 Kan. 708, 711, 56 P.3d 797 (2002), our Supreme Court considered whether Apprendi applied to a prison sentence imposed pursuant to K.S.A. 2001 Supp. 21-4704a(k) upon the sentencing judge's finding that the "crimes were gang related," which led to imposition of "a presumptive prison term." Following the reasoning of Carr and its progeny, the court concluded, "[T]he prison terms imposed here do not exceed the statutory maximum punishment for [the defendant's] crimes, and Apprendi does not apply. [Citation omitted.]" 274 Kan. 711-12.
We also consider State v. Beasley, 274 Kan. 718, 722, 56 P.3d 803 (2002), wherein our Supreme Court considered the constitutionality of K.S.A. 2001 Supp. 21-4704a(h), which permitted the district court to impose a prison term rather than probation upon the requisite finding by a preponderance of the evidence that the defendant used a firearm in the commission of his crimes. Once again, in holding that "Apprendi does not apply," the court focused its analysis on whether the district court's finding which triggered a presumptive prison sentence "increased the penalty for his crimes beyond the statutory maximum." 274 Kan. at 722-23.
In Carr, Garcia, and Beasley, Apprendi was not applicable because the defendants' sentences were not increased beyond the statutory maximum terms. This is true even though the consequences of the district courts' factual findings clearly increased the defendants' punishment. If Apprendi does not apply to a sentencing judge's imposition of imprisonment rather than probation based upon on a nonjury factual finding that a defendant used a firearm in the commission of a crime or was a gang member, it is not evident how a sentencing judge's determination that a crime was sexually motivated, which results in a defendant's obligation to comply with the comparatively mild sanction of registration, implicates the Sixth and Fourteenth Amendments to the Constitution of the United States.
Moreover, while the KORA may have punitive aspects and its registration requirement may be ordered at time of sentencing, the KORA does not provide for the imposition or modification of sentences. Kansas law relating to sentencing is codified in the Kansas Sentencing Guidelines Act (KSGA), K.S.A. 21-4701 et seq. The KORA's statutory provisions are wholly separate and distinct from the KSGA.
We conclude that the punitive aspects inherent in the KORA do not implicate Apprendi's essential focus--prohibiting a sentencing judge from imposing "a more severe sentence than the maximum sentence authorized by the facts found by the jury." Gould, 271 Kan. 394, Syl. ¶ ¶ 2, 4. This determination results because our Supreme Court consistently has applied Apprendi's constitutional guarantees in cases involving increased sentences (Gould and Anthony), while declining to apply those same guarantees where the court found that the subject matter did not relate to a sentencing judge's imposition of a more severe sentence than the maximum sentence entitled by the jury's verdict (Carr, Garcia, and Beasley).
We uphold the constitutionality of the KORA. Apprendi does not apply to a sentencing judge's finding beyond a reasonable doubt that an offense was sexually motivated which results in imposition of the provisions of the KORA, K.S.A. 2005 Supp. 22-4901 et seq.
We hold the sentencing judge's finding of sexual motivation in the present case did not increase the terms of Chambers' underlying prison sentences beyond the maximum sentence provided for burglary. The sentencing judge's determination of sexual motivation did not, therefore, implicate Apprendi's guarantee of rights under the Sixth and Fourteenth Amendments to the Constitution of the United States.
Burglaries and Thefts as Sexually Motivated Crimes
Chambers broadly asserts his crimes "cannot be found to be 'sexually motivated' within the meaning of [K.S.A. 2005 Supp. 22-4902(c)(14)]." To the extent this question requires an interpretation of the statute, our review is unlimited. See Patterson, 25 Kan. App. 2d at 247. With regard to the sentencing judge's finding of fact, our review is for substantial competent evidence. 25 Kan. App. 2d at 247.
Chambers maintains he was not sexually gratified during the burglaries and that his erotic use of the stolen property afterwards is not relevant under the statute. Chambers cites State v. Halstien, 122 Wash. 2d 109, 857 P.2d 270 (1993), in support of this proposition, but in Patterson this court specifically distinguished Halstien and held that under the Kansas statute, crimes committed for either "the defendant's immediate or eventual sexual gratification are considered 'sexually violent.'" 25 Kan. App. 2d at 251. Chambers' assertion is without merit.
The uncontroverted evidence at sentencing proved that Chambers, by his own admission, entered homes with the sole intent to steal women's lingerie in order to facilitate masturbation. Moreover, evidence was presented that Chambers had engaged in this behavior on prior occasions. Finally, the sentencing judge heard expert testimony that Chambers had been diagnosed with, among other disorders, a fetish disorder involving women's lingerie for which he received treatment. The sentencing judge did not misinterpret K.S.A. 2005 Supp. 22-4902(c)(14), and his finding was supported by substantial competent evidence.
Chambers raises three separate issues regarding restitution. Our standard of review is:
"Issues regarding the amount of restitution and the manner in which it is made to the aggrieved party are normally subject to review under an abuse of discretion standard. A district judge's factual finding of causation between the crime and the victim's loss is subject to a substantial competent evidence standard of review. The district court's interpretation of a statute is subject to unlimited review." State v. Dexter, 276 Kan. 909, Syl. ¶ 2, 80 P.3d 1125 (2003).
Chambers first argues the sentencing judge exceeded his authority by ordering $350 in restitution for the cost of a security system installed by one of Chambers' victims after the burglary.
Restitution in this case is governed by K.S.A. 2005 Supp. 21-4603d(b)(1), which authorizes an order of restitution for the "damage or loss caused by the defendant's crime," and by K.S.A. 2005 Supp. 21-4610(d)(1), which governs restitution as a condition of probation "for the damage or loss caused by the defendant's crime." Based upon these statutes, the Kansas Supreme Court has concluded that "restitution for a victim's damages or loss depend[s] on the establishment of a causal link between the defendant's unlawful conduct and the victim's damages." State v. Hunziker, 274 Kan. 655, Syl. ¶ 9, 56 P.3d 202 (2002).
The sentencing judge found the security system was "a direct causal effect" of the crime, but Chambers contends it was "indirect and consequential damage" of his crimes. The security system, while providing a safeguard against future criminal conduct, was not an item damaged or stolen by Chambers during the burglaries.
A useful precedent may be found in Hunziker, 274 Kan. at 657, wherein our Supreme Court reversed an order of restitution to the victim of a crime for the cost of a private attorney hired "to advise him since he was unfamiliar with court procedures and had never been to court." While the retention of an attorney to assist the victim was undoubtedly a consequence of the criminality, it was not directly caused by the criminality. 274 Kan. at 667.
No doubt the purchase of the security system was prompted by concern that Chambers, a neighbor of the victim, would reoffend, but this purchase was an example of "'tangential costs incurred as a result of a crime,'" not a cost caused by the crime. 274 Kan. at 667 (quoting State v. Beechum, 251 Kan. 194, Syl. ¶ 3, 833 P.2d 988 [1992]). We hold the sentencing judge's order requiring Chambers to pay for the cost of the security system was not supported by substantial competent evidence. We reverse this part of the restitution order.
Second, Chambers contends the sentencing judge erred because he "used the replacement value of the items taken from the victims to determine the amount of restitution."
A sentencing judge has considerable discretion in determining the amount of restitution. State v. Applegate, 266 Kan. 1072, 1078, 976 P.2d 936 (1999). Although the rigidness and proof of value that lies in a civil damage suit does not apply in a criminal case, the sentencing judge's determination of restitution must be based on reliable evidence which yields a defensible restitution figure. A victim of a property crime is entitled to restitution only up to the amount of loss. 266 Kan. at 1079.
The usual standard used in calculating restitution is the item's "fair market value." State v. Baxter, 34 Kan. App. 2d 364, Syl. ¶ 2, 118 P.3d 1291 (2005). In Baxter, this court stated: "Kansas courts have consistently held that an award of restitution that exceeds fair market value constitutes an abuse of discretion." 34 Kan. App. 2d at 366.
In the present case, however, it is apparent there was no readily ascertainable market value for used lingerie. Given this fact, the sentencing judge did not abuse his discretion by employing a measure of restitution valuation in accordance with Kansas civil law in measuring damages to personal property which has no market value. In Kansas Power & Light Co. v. Thatcher, 14 Kan. App. 2d 613, Syl. ¶ 3, 797 P.2d 162, rev. denied 247 Kan. 704 (1990), a case involving the destruction of a 35-year-old wooden utility pole with no market value, we repeated the long-standing rule: "When measuring damages to personal property where the item damaged has no market value, other relevant factors must be considered such as the cost of repair, the original value, the loss of use, any special value to the owner, the loss of expected profits, and the cost of replacement." (Emphasis added.)
Because the used lingerie had no readily ascertainable market value, the sentencing judge's consideration of replacement value evidence was not an abuse of discretion in the valuation of restitution.
Finally, Chambers claims a due process violation because the sentencing judge
ordered restitution to a victim who was "not present or represented at the restitution
hearing." During sentencing, the sentencing judge listed the restitution figures, which included a letter from one victim claiming a loss of $500. Defense counsel made no objection to the sentencing judge's consideration of this letter other than the objection he made generally to all evidence of replacement costs for the lingerie.
On appeal, however, Chambers argues that consideration of this letter, without the
presence of the victim, violated his due process rights. He admits the letter supported the $500 restitution amount ordered by the sentencing judge, but he argues it was inadmissible hearsay.
As discussed earlier, "[t]he rigorous standards for proof of damages in a civil
action do not apply in calculating an amount of restitution in a criminal case." Baxter, 34
Kan. App. 2d at 365. Moreover, in this case, Chambers neither specifically objected to the sentencing judge's consideration of the letter nor asked that the victim be made available for confrontation. Constitutional grounds for reversal asserted for the first time on appeal are not properly before an appellate court for review, unless they fall into one of three exceptions. State v. Williams, 275 Kan. 284, 288, 64 P.3d 353 (2003). None are present here.
The district court's ruling ordering Chambers to register as a sex offender pursuant
to the KORA is affirmed. The district court's order of $350 in restitution for the installation of a security system is reversed. The district court's restitution order in all other respects is affirmed.
Affirmed in part and reversed in part.


text:
|2012-09-01, 18:15
|Link #42
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This mini-discussion stems from itachi-san's post concerning Obito's "genius", even going so far as to compare him to Sasuke (he was actually comparing Tobi to Sasuke, but whatever...). In reality, Sasuke has beaten Obito (whether he is Tobi or not) in nearly every category required for the title of "genius", additionally he has surpassed Obito at nearly every milestone.
|2012-09-01, 18:36
|Link #43
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Hell at this point this whole war is basically 2 Uchiha against the entire world and the world isn't looking so good.
Sasuke awakened the Sharingan and countered a Genjutsu from Itachi when he was 7. The fact that he lived in peace during the next 5 years and thus wasn't put in a situation where he was forced to improve again has no bearing on that.
|2012-09-01, 23:22
|Link #44
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@james ^what Hunter said. i did say obito was a genius, but i also said that he was a late bloomer. i stand by both of those. tobi doesn't just use kamui, but even if he did, kamui and it's various applications are an extremely difficult technique to master (just look at how kakashi has gone about it and he's a genius, I think you'd agree) he fought minato on near equal ground a long time ago, he's fighting KM Naruto, Bee and Hachibi, Kakashi and Gai all at once, ~well, what Hunter said =)
also, I did forget about sasuke's first sharingan use so thanks for the reminder, but that's actually beside the point. and it's still arguable that obito got them faster since he got 2 in each eye at once. sasuke's did not manifest as strongly at first.
and this is assuming that tobi is just obito just to clarify my point
|2012-09-01, 23:27
|Link #45
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Sorry, Kishimoto's overuse of certain abilities often causes me to begin underestimating the character simply because their main attack has become "known" (no, I am not talking about the whole dimension thing, but rather the fact that we have seen the attack used so often.).
That being said, I did allude to the fact that Obito (if he was Tobi during the fight with Minato) would have been one of the handful of shinobi that was Kage-level (whatever that means) by the age of 15 (Naruro and Sasuke being other prime examples of this).
Last edited by james0246; 2012-09-01 at 23:41.
|2012-09-02, 05:05
|Link #46
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|2012-09-02, 07:05
|Link #47
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If we look at Kakashi's fights against Pain or Tobi he would have won those fights if it were not for the enemy having godlike abilities, so compared to Kakashi Tobi is average. Maybe we should not call people like Nagato and Tobi geniuses just because they know how to use their godlike abilities. Nagato was outsmarted by both Naruto and Kakashi, and we see how Kakashi outsmarted Tobi in this fight. Kakashi and Tobi learning kamui is also a completely different matter, Tobi has both Uchiha and Senju DNA in him, sure he can naturally use kamui, whereas for Kakashi even one use is exhausting enough, so learning how to use it and awekening the MS makes him a genius but not Tobi. Also Tobi is a loser, he lost every important battle, he lost against Minato, he already lost control over Sasuke, he lost control over the 4th mizukage, etc. Losing so many times despite having carefully planned things and having super-powers doesn't sound like being a genius
Tobi can be Obito if it's just a matter of skill, sure it sounds impossible but Kishimoto sure could somehow explain it if he wants. Like in the case of Sasuke, where Orochimaru says Sasuke has more talent than Itachi, or other flashbacks about Sasuke and his father.
But the reason why i call the Tobi=Obito bullshit is that there's not even the slightest trace of Obito's personality in Tobi, not even when he fights his sensei just a few years after his "death".
A 15 year old Obito driving the 4th hokage to a decision to sacrifice his and Kushina's life sounds ridiculous
|2012-09-02, 09:28
|Link #48
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i agree tobi is not as smart as shikamaru or kakashi but it doesn't mean he's not a genius. sasuke and orochimaru are both labeled geniuses and they have each done some stupid things. also, if just using the 'skilled' genius definition, tobi is one of the elite geniuses
|2012-09-02, 10:32
|Link #49
Join Date: Feb 2012
The word GENIUS is being thrown around WAY TOO MUCH in naruto. I get some are really geniuses like madara, izuna and shikamaru but Tobi is not. Like others have pointed out his genius plans always fail. Next thing we are going to be call sakura genius.
|2012-09-02, 10:35
|Link #50
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Rep comment...
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|2012-09-02, 11:29
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The word genius is thrown around a lot because the story is focused on them instead of the countless regular ninja joe who die by the tens of thousand. Incidentally it does look like Sakura is a prodigy in the analyze and confection of antidote and poison for example.
|2012-09-02, 12:14
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|2012-09-02, 12:44
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But i have a deja vu feeling now, i think we already had this discussion
But of course i agree that compared to average ninja both Tobi and Nagato are geniuses despite they have a huge advantage because of their godlike abilities. My point was that i consider Kakashi and a few others smarter than these guys. The problem with the definition of genius is that for example if you live in a poor place in africa you won't get a nobel prize, but with the same talent in a rich western country you have a much better chance.
|2012-09-02, 12:54
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|2012-09-02, 13:34
|Link #56
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More than that the example you use is in fact exactly the opposite of your own argument, Itachi won because he had one broken ability tailor-made for his opponent (as usual). Itachi didn't outsmart Kabuto, he outlooked him with a new Deus ex Sharingan. Take this ability away from him like you do with Nagato and Tobi and his last fight becomes completely one sided against him.
|2012-09-02, 13:38
|Link #57
Join Date: May 2004
There are apparently about 80,000 ninjas in the world, assuming the Five Great Countries and their periphery are the whole world.
40,000 of these died in one day - BEFORE the White Zetsu clones and Madara.
I think it's safe to say we're down to at least 20,000 now.
That's incredibly staggering and it makes you wonder if anyone other than the main cast is going to survive.
|2012-09-02, 16:46
|Link #59
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But since you mention it, Itachi did outsmart Kabuto when Kabuto tried to eat Sasuke and also by letting him believe that he could sense where Kabuto is. It's because of Itachi's genius that they survived until the point where Itachi could activate Izanami.
Well apparently my definition of genius is more based on how someone can perform in a ninja battle relative to his abilities while yours is more about how strong someone managed to become. Also i do not count physical abilities like having a rinnegan eye as being a genius. I mean a child Nagato killing a chuunin with his rinnegan doesn't mean he was a genius.
|2012-09-02, 17:29
|Link #60
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text:
The yen rose versus a majority of its 16 most-traded counterparts as Cyprus's banks reopened for the first time since striking a bailout deal that forced losses on some depositors, spurring demand for the safest assets.
Japan's currency strengthened as the Bank of Japan reiterated its policy-easing options, damping speculation for additional novel measures to boost the economy. The euro rose from a four-month low against the dollar. Mexico's peso has been the best performer against the dollar among its 16 major peers this month and this quarter.
"The yen is stronger partly because of the safety principle," said Steven Barrow, head of Group of 10 research at Standard Bank Plc in London. "The markets may be sensitive to the news around the reopening of banks in Cyprus. The market is well set up for something reasonably aggressive from the BOJ so the downside risks for the yen against the dollar are limited."
The yen gained 0.4% to 94.09 per dollar at 10:21 a.m. New York time. Japan's currency lost 0.1% to 120.79 per euro. The 17-nation euro rose 0.4% to $1.2835. It touched $1.2751 yesterday, the least since Nov. 21.
Peso Strength
Mexico's peso has gained 3.5% to the greenback in the past month, while South Korea's won has declined 2.7%. This quarter, the Mexican currency has rallied 4.1% and South Africa's rand has depreciated 8%.
The rand today gained the most in two weeks as the nation's trade deficit narrowed in February from a record in the previous month. South Africa's currency rose 0.5% to 9.2127 per dollar.
The Australian dollar fell for a second day against Japan's currency as Italy's inability to form a government and Cyprus's bailout damped demand for riskier assets. The so-called Aussie fell 0.7% to 97.98 yen.
The European Central Bank is scheduled to make its next policy announcement on April 4. The central bank has held its benchmark interest-rate at 0.75% since July.
The Central Bank of Cyprus's capital controls will include a 300-euro ($384) daily limit on withdrawals and restrictions on transfers to accounts outside the country. Banks opened at midday. They will close at 6 p.m. local time, Yiangos Dimitriou, head of the central bank's audit department, said yesterday in comments broadcast on state-run CyBC television.
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text:
Purchases of new U.S. homes rose in March, capping the best quarter for the industry since 2008 and providing more evidence the housing recovery will be sustained.
Sales of single-family properties climbed 1.5% last month to a 417,000 annual pace from a 411,000 rate in February, Commerce Department figures showed today in Washington. The median estimate of 76 economists surveyed by Bloomberg called for March sales to rise to 416,000.
A dearth of existing properties is encouraging builders to undertake new projects that will keep fueling the economy. Mortgage rates close to record lows, higher home values and rising household formation are helping lay the groundwork for increased buyer traffic in 2013.
"The housing sector continues to be the bright spot for the economy," said Ward McCarthy, chief financial economist at Jefferies LLC in New York, who projected a 418,000 pace of home purchases. "Inventories are light, which means that builders are going to keeping building."
Home sales averaged a 424,000 annual rate in the first three months of this year, the strongest since the third quarter of 2008.
Stocks maintained gains after the figures and as earnings from Travelers Cos. to Netflix Inc. beat estimates. The Standard & Poor's 500 Index rose 0.8% to 1,575.29 at 10:18 a.m. in New York.
Economists' estimates ranged from a March sales rate of 395,000 to 435,000. February was previously reported at a 411,000 annual rate.
Rising Prices
New-home purchases were 17.6% higher in March than the same period in 2012 on an unadjusted basis, today's report showed. The median price of a new home climbed 3% last month from a year ago to $247,000.
Purchases increased in two of four regions in March, with a 20.6% gain in the Northeast and a 19.4% advance in the South. Sales decreased 20.9% in the West and 12.1% in the Midwest.
Builders are responding to increased demand by making more homes available. There were 153,000 new houses on the market at the end of March, the most since November 2011. At the current sales rate, the supply would last 4.4 months, the same as in February.
Copyright 2014 Bloomberg. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.


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RichNhansom wrote:Does anyone realize that Mike Carry also officiated the Miami game last week? I was pulling my hair out watching us get ticky tacky holding calls while Irvin and KJ Wright were both blatantly held on the edge to secure a 19 yard QB scramble and a 20+ yard RB scramble to the outside, yet no call. Even thought Wright was blatantly held and then tackled and the result of the play was due exactly to that hold. In plain view on the outside edge right in front of an official.
Mike Carry has a known reputation for screwing over the Seahawks, even at the clink. I have been having discussions about him since last year and it is no coincidence that this game went down exactly like it did.
I really hope Pete forces an investigation into Carry's officiating. It would be blatantly easy to make a case if they went back and did a review of the games he has called against us.
If you haven't figured it out yet, pay attention to any game he calls for (AGAINST) us. You will get to know him very well. I go through anxiety attacks watching the games he calls because it is so blatantly bias that there is absolutely no way he cannot have something against the Seahawks. It completely destroys the integrity of the game.
The good news is we didn't just beat the Bears, we beat the officials too.
Completely sickening that this is the story after a huge road.
rewatched he game and saw those holds. They were blatant and right in front of the referee. The refs were directly responsible for us losing that game.


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Virginia Barry to be renominated as state education commissioner
March 05. 2013 4:44PM
CONCORD - State Education Commissioner Virginia M. Barry will be renominated to her post by Gov. Maggie Hassan at the Executive Council meeting Wednesday.
"Preparing our young people for the jobs of today and tomorrow means ensuring that at each step along the way, their education is providing them with the skills, knowledge and innovative thinking needed for success in the 21st century economy," Hassan said. "Virginia Barry has demonstrated steadfast dedication to the children of New Hampshire, and leaders across the education community have praised her ability to bring people together to develop solutions for the challenges facing our schools."
Barry was named commissioner in 2009 by former Gov. John Lynch. She was a teacher, tenured university professor, and provost and vice president for academic affairs before taking the post.
Barry said, "Serving as the New Hampshire commissioner of education is truly a great privilege, and I look forward to working with Gov. Hassan to provide our young people with the robust education they need for good, stable careers."
Barry received her B.S. degree from Florida State University and M.S. from Queens College City University of New York and State University of New York at Stony Brook. She received her Ph.D. from Florida State University, with postdoctoral studies at New York University, Harvard College and William and Mary.
The Executive Council will hold a public hearing on Barry's nomination before voting on her confirmation at a future council meeting.


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General Comments: Futures were higher as traders prepared for the index fund adjustments that start tomorrow. The funds most likely need to buy more Coffee contracts to match the indexes, and this idea created speculative buying yesterday. The close was positive and implied that futures can move higher this week. Charts still show that New York and Sao Paulo are in a trading range, with both possibly trying to complete a bottom. London futures are in a short term up trend, with traders there talking about tight supplies available to the market. Brazil still has most of its production to sell and is getting some competing offers in the short term from Central America and Colombia. Current crop development is good this year in Brazil as moderate temperatures have been reported, but production areas could use more rain for the developing crop. Central America crops are getting harvested, and conditions are called good there. There are widespread reports of rust on the trees and leaves, and Roya has become a big issue as well. It is possible that many Central America and Mexico producers will harvest much less Coffee next year if they are affected by this disease, and many seem to be affected. We are already hearing significant loss estimates for the next crop due to Roya. Colombia is reported to have good conditions.
Overnight News: Certified stocks are a little lower today and are about 2.585 million bags. The ICO composite price is now 133.18 ct/lb. Brazil should get scattered showers over the second half of the week. Temperatures will average near to above normal. Colombia should get scattered showers, and Central America and Mexico should get mostly dry conditions, but a few showers are possible in southern Mexico and northern Central America. Temperatures should average near to above normal. Peru hopes to produce 7.5 million quintals of Coffee in 2013, from 6.2 million in 2012.
Chart Trends: Trends in New York are mixed. Support is at 146.00, 143.00, and 141.00 March, and resistance is at 152.00, 155.00, and 157.00 March. Trends in London are up with objectives of 2100 and 2290 March. Support is at 1940, 1915, and 1900 March, and resistance is at 1975, 1985, and 2000 March. Trends in Sao Paulo are mixed. Support is at 182.00, 179.00, and 178.00 March, and resistance is at 188.00, 190.00, and 193.50 March.
General Comments: Futures were a little higher as traders get ready for the USDA January reports that will be released on Friday morning, Chicago time. A weaker U.S. dollar helped demand ideas and prices as well. Some are wondering if planted area might be lower next year here in the U.S. due to weak prices against competing crops. The area lost would go mostly to Corn and Soybeans. Current weather features some precipitation in Delta and Southeast areas, but western Texas was mostly dry. Trends are not well defined on the charts, but ideas are that the market can continue to work higher overall.
Overnight News: The Delta and Southeast will be dry today and tomorrow, and then will see rain move from west to east the balance of the week. Temperatures will average above normal. Texas will get dry weather except for some rain on Wednesday. Temperatures will average above normal. The USDA spot price is now 71.40 ct/lb. ICE said that certified Cotton stocks are now 0.094 million bales, from 0.094 million yesterday.
Chart Trends: Trends in Cotton are mixed. Support is at 74.60, 74.40, and 73.70 March, with resistance of 76.40, 76.95, and 77.05 March.
Next page: Orange Juice, Sugar and Cocoa


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Organic mycorrhizae & humic acid high yield Grow Medium
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This item is sold individually. The pallet size is listed for your convenience for instances where you wish to order in pallet quantities.
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Two Boys' fees top $1.4 million for work since 2006By SHAWNE WICKHAM
New Hampshire Sunday News
March 08. 2014 8:59PM
According to state records, Manchester bingo consultant Two Boys LLC has earned $1.46 million in service fees from charities since Jamie Timbas started the company in 2006.
Last year, Two Boys earned $184,047.56 in service fees from four charities.
The largest share, $86,998, was paid by Catholic War Veterans, amounting to 46 percent of the $191,149 the group raised from bingo and lucky 7 tickets last year.
That's because CWV has special permission from the charitable gaming commission to allow Two Boys to run its weekly bingo games at Manchester Bingo Center.
State law allows such exemptions for organizations whose members are all physically or mentally disabled, or both, with the approval of the commission.
Catholic War Veterans and Special Olympics are the only New Hampshire charities granted such exemptions.Timbas said it took about six months for the commission to give approval for CWV to hire him to run their bingo games. And at first he got only a six-month trial period.Timbas said about $55,000 of the fees CWV paid him last year went to his managers. "It sounds like a lot of money, but there's a tremendous amount of work involved," he said.
A lot of that work is in managing sale of the pull-tab tickets, from which the charities actually make most of their money, he said. "Bingo itself is a loss leader," he said.
Timbas also runs games for his church, the Hellenic Orthodox Community of St. George; for Upper Room family resource center in Derry and for Assumption Greek Orthodox Church.
According to state records, St. George paid Two Boys 41 percent in service fees from the $93,305 raised in bingo games last year; Assumption Church paid 33 percent of the $86,814 raised; and Upper Room paid 30 percent of its $99,675.
Timbas, who is also a registered lobbyist, said he doesn't handle the charities' money; the volunteers deposit the proceeds each night and pay him later.
He said the system works. "The charities are happy, obviously, if they've been with me for 10 years. The state is happy."
"It's a good relationship."
Russell Bilodeau, state commander of Catholic War Veterans, said the group used to run its own games. But with mostly elderly members, it became too difficult to properly keep records and fill out paperwork. So they asked the state to let Two Boys take over.
Bilodeau said he wishes CWV got "a little bit more" of the revenues. "Even the state kind of balked a little bit at it.
"But they realized in the end we had to go this route if we were going to stay alive," he said.
And the arrangement has worked out well, Bilodeau said; the veterans even get to use the bingo hall for meetings, free of charge.
"I like the relationship we have now with Two Boys LLC," Bilodeau said. "Is it expensive? Yeah, it is in a way, but there was really no other recourse.
"I know where all the money's going. Everything balances out. I don't have to worry about paperwork, and it's worth it, it really is."
According to Timbas, his wife, Kimberly Timbas, owns the Manchester Bingo Center with Manchester developer Dick Anagnost. Jamie Timbas and Anagnost also are partners in Granite State Poker Alliance, which operates in the same former cinema complex.
When Timbas first registered Two Boys LLC (named for his two sons) with the Secretary of State's Office in 2006, his agent was John Kacavas, now the state's U.S. Attorney.


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Dance parties with my kids are some of my favorite moments as a mom. From my sons' mishearing and mispronunciation of song lyrics to their super silly dance moves, I can't stop laughing when we've got some music on. And while my sons love plenty of stuff they hear on the radio in the car, we were recently introduced to a new fave band, Lunch Money.
Billed as "indie music for the whole family," Lunch Money's third and latest album, Original Friend, is on the Grammy nominating ballot (and deservedly so, for best Children's Album), and to celebrate, they're offering a free download of the entire album. Yep, the whole thing is available free to you and your kids. We can't think of a better incentive than that to check out the band.
Not only are the songs about stuff at the core of childhood (titles on Original Friend include "Picking Teams," "I Want to Push Buttons," "Snow Globe," and "Come Over to My Dollhouse"), but the music is seriously catchy, and singer/guitarist Molly Ledford's voice and lyrics just plain rock.
Megan Padilla, the executive editor of Babytalk, who gets credit for introducing my fam to this awesome album, said, "Honestly, I'm so hooked that I actually will listen to this CD even when there is no kid around. And the artwork and liner notes that go with the CD are soooo smart and clever."
What's your favorite music to listen to as a family?
*Photo by J.P. Stephens


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Joining the pride
District President George Areson swore in Percy Smith, Alexix Smith, Robert Kissinger, Lynn Kissinger and John Gonsalves as new Greater Warwick Lions members at the Greenwood Inn on July 30. The Greater Warwick Lions is a group of volunteers who help members of the Blind, RI Sight Foundation, Hasbro Children's Hospital, children with cancer, Ronald McDonald House and various people in the community. They also run the cruise night in the summer on Tuesday evenings, weather permitting, at Oakland Beach from 5 to 8. Proceeds from the sale of the 50/50 Raffle tickets are split with the winning ticket holder and the Lions charities. Entry to Cruise Night is free unless you're lucky enough to be one of the owners of those great old cars; if so, a $2 entry fee is collected from those old car owners and goes to all the Lions charities. The Lions are currently seeking community-minded volunteers who would like to join the organization. There is a monthly dinner meeting held every fourth Monday of the month at 6:30 at the Greenwood Inn. For further information, feel free to contact the Greater Warwick Lions Secretary Laurie Cianci at 474-3343, or email: firstname.lastname@example.com, or Membership Chair Richard Sinapi at 439-6168 or email firstname.lastname@example.com. (Submitted photo)


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Israel News - Stay Informed, Pray Informed
A firefight that left three people dead erupted along the Israel-Egypt border on Monday, just two days after Sinai-based terrorists fired two medium-range missile into southern Israel.
Around 6 AM Monday morning, a group of at least three terrorists crossed from the Egyptian Sinai into southern Israel and attacked a group of construction workers who were building a portion of the new border fence.
One construction worker was killed and another seriously wounded in the attack.
A team of IDF soldiers quickly responded to the scene, killing two terrorists and causing the others to flee. The army was still searched for the remaining terrorists at press time, and residents of southern Israel were warned to remain indoors.
On Saturday, forces operating out of the Egyptian-controlled Sinai Peninsula fired two medium-range Grad missiles at targets in southern Israel.
The missiles landed near the Negev town of Mitzpe Ramon and the Uvda Airfield, where Israel is mulling the construction of a new international airport. Both sites had never before been targeted by terrorist rocket fire.
Around this time last year, a terrorist cell infiltrated southern Israel from the Sinai and murdered seven Israeli motorists and one army officer on the highway leading to Eilat.
This week's attacks came as Egyptians were electing a new president for the first time since the fall of former dictator Hosni Mubarak.
The leading candidate in the run-off presidential vote that took place over the weekend is Mohammed Mursi of the Muslim Brotherhood. Mursi has already declared victory, and Israel fears that with the Brotherhood in control of both Egypt's parliament and presidency, open war between the two nations is only a matter of time.
Israeli Defense Minister Ehud Barak warned that the attacks from Sinai must be curbed.
"Whoever is elected, we expect him to take responsibility for all of Egypt's international commitments, including the peace treaty with Israel and the security arrangements within Sinai, and to put a quick end to these attacks," Barak told reporters following Monday's attack.
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Print | posted on Thursday, August 30, 2007 11:36 AM |
Filed Under [
'Here though, the table valid_codes also has a field called [purchasestatus] which is making the search fail. The field name cannot be changed nor the domain field text.How do I specify 'purchasestatus' as a string literal.I have tried double quotes also but then it fails with Invalid column name.
4/29/2008 11:34 AM | ow
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Hitachi NV65AH Siding Nailer 2-1/2" Coil
The NV65AH Siding Nailer is packed with great features like a tool-less depth adjustment and a 360-degree exhaust diverter. It will feed either wire- or plastic-collated nails. It also ships with a non-marring tip.
Standard Equipment:
- NV65AH Siding Nailer
- Safety Glasses
- Hex Bar Wrenches
Optional Accessories:
- Coil Siding / Fencing Nails
- "M" Style Coupling System
NOTE: This tool uses the 1503-DL Male Coupler Plug with 3/8" Thread
- 115158 50' Air Hose
- Straight & Coiled Air Hose
See the NV65AH2.
Hitachi NV65AH
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- Nail Type: Wire/Plastic Sheet, Coil
- Nail Gauge: .090 - .099
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- Operating Pressure: 70-120 psi
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- LxWxH: 10-1/2"x 5-1/6"x 11-13/16"
- Weight: 4.6 lbs
- At 4.6 lbs the NV65AH is lightweight and compact for easy maneuverability.
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- No mar nose cap attachment protects material from accidental marks.
- Plastic shield, deflects wire collation for added safety.
- Long-lasting rubber grip, for added comfort.
- Optional accessory: single trip trigger mechanism.


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This is an activity about mission planning. Learners will use the roles of a navigation team, spacecraft, comet, Earth, and Sun to simulate how mission planners design a spacecraft/comet rendezvous. This activity requires at least four active... (View More) participants and a large open space. Includes mathematics extensions. (View Less)
Materials Cost: $5 - $10 per group of students
Learners will take and then compare the images taken by a camera - to learn about focal length (and its effects on field of view), resolution, and ultimately how cameras take close-up pictures of far away objects. Finally, they will apply this... (View More) knowledge to the images of comet Tempel 1 taken by two different spacecraft with three different cameras, in this case Deep Impact and those expected/obtained from Stardust-NExT. This lesson could easily be adapted for use with images from other NASA missions. (View Less)


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Walt Whitman
Walt Whitman (31 May 1819 - 26 March 1892 / New York / United States)
» Click to list general statistics » OR, select a date :
Year Of Meteors, 1859 '60
YEAR of meteors! brooding year!
I would bind in words retrospective, some of your deeds and signs;
I would sing your contest for the 19th Presidentiad;
read more >>
- Hits: Number of visitors who read the poem on the given date.
- Posts: Number of visitors who posted the poem to a friend (via e-mail) on the given date.
- Dates that have "0" hits may not be shown on the list.
- Dates, poems and poets that have "0" hits may not be shown on the list. Statistics are generated daily.


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We all experience it; some of us just manage it better than others.
We all experience it; some of us just manage it better than others. It's called stress. There are many different things in life that can cause stress. Maybe you've experienced some lifestyle changes recently or just have a hectic schedule. No matter what stresses you may have, there are ways to manage the stress in your life.
April is National Stress Awareness month, with National Stress Awareness day being April 16. This was started by the Health Resource Network and is celebrated each year for individuals to look at their lives, determine their stress and what stresses them, then how to deal with stress in a healthy way.
According to www.stress.org, stress is defined as "the non-specific response of the body to any demand for change." There are many ways to alleviate stress in a healthy manner that will help you better manage the stress in your life.
One way to alleviate stress is through exercise. Regular exercise increases the production of the "feel-good" chemicals called endorphins. Endorphins can help boost your mood and help you to feel better. Adrenaline is a stress hormone and exercise can help you burn excess amounts of it.
Cardiovascular exercise such as walking, running, biking, swimming, etc. helps burn off energy and relieve tension. Your body can handle stress better if it is in shape physically. According to the American College of Sports Medicine (ACSM), recommendations for physical activity for adults is to engage in at least 30 minutes of physical activity most days of the week. They also recommend incorporating strength-training exercise at least two to three days per week. With this combination and having a good balance in your exercise routine, it will help your fight against stress.
Other stress relieving activities you could try include taking a walk, reading a book, or watching a movie. Possibly meditate, try Yoga, or go for a massage. No matter what you choose just make sure it's an activity that's enjoyable to you.
While we can't avoid stress, we can learn to better manage it and choose how we handle it. Take some time to sit back and relax in your near future, it does a body well!
Sarah Sonis is program director for the Freeman Southwest Family YMCA.


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source: http://www.securityfocus.com/bid/30546/info Softbiz Photo Gallery is prone to multiple cross-site scripting vulnerabilities because it fails to sufficiently sanitize user-supplied data. An attacker may leverage these issues to execute arbitrary script code in the browser of an unsuspecting user in the context of the affected site. This may allow the attacker to steal cookie-based authentication credentials and to launch other attacks. http://www.example.com/admin/browsecats.php?msg=[XSS]
Related ExploitsTrying to match CVEs (1): CVE-2008-3511
Trying to match OSVDBs (1): 48312
Other Possible E-DB Search Terms: Softbiz Image Gallery


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BY Lee McClellan
Frankfort, KY. – Registration for Kentucky's mentor-youth dove hunts opens on Monday, Aug.12.
The Kentucky Department of Fish and Wildlife Resources conduct these hunts for adults wishing to introduce dove hunting to youth. Kentucky Fish and Wildlife limits the number of participants to avoid overcrowding and the consequent safety issues.
Hunters interested in reserving a space for these unique hunts must register by calling Kentucky Fish and Wildlife at 1-800-858-1549 weekdays from 8 a.m. to 4:30 p.m. Eastern time. Hunting reservations will not be accepted prior to Aug. 12. The 2013-2014 fall Kentucky Hunting and Trapping Guide had an incorrect date listed for the registration period for these mentor/youth dove hunts.
Limited spaces are allotted on a first-come, first-served basis. Registration is open through Aug. 23, or whenever all the slots are filled. Most mentor-youth hunts will be held this year on Sunday, Sept. 1, the opening day of dove season statewide. Clarks River National Wildlife Refuge will conduct mentor/youth hunts on Sept. 1, 7, and 8. These fields open to public hunting Sept. 9.
The mentor-youth dove hunts offer adults an opportunity to initiate youth aged 15 years and under into the enjoyment of an early season dove hunt. Each adult may take one or two youths. Hunter education and licensing requirements apply to those participating in these hunts.
Hunting hours run from 2 to 7 p.m., local time on Sept. 1. Hunters must be out of the field by 7:30 p.m. Hunt groups must check in prior to hunting and check out prior to leaving the field with Kentucky Fish and Wildlife staff members.
Mentor-youth fields located on private land are open to public hunting on Sept. 4. These fields then close to all hunting Sept. 5-6; they open again to public hunting Sept. 7 through Oct. 24.
Mentor-youth fields located on wildlife management areas (WMAs) are open to public hunting on Labor Day, Sept. 2, through Oct. 24.
For more information on the mentor-youth dove hunts, consult the 2013 Kentucky Hunting Guide for Dove, Wood Duck, Teal, Woodcock, Snipe and Crow. This guide is available on the Internet at fw.ky.gov and also soon available in booklet form wherever hunting licenses are sold.
This year's mentor-youth dove fields include:
Union County, Higginson-Henry WMA:
Directions: KY 56, about 7 miles southeast of Morganfield.
Grant County, Curtis Gates Lloyd WMA:
Directions: Take Crittenden exit off I-75 and follow U.S. 25 south to KY 491, turn left across railroad tracks, then right on Wildlife Road.
Leslie County, Redbird WMA:
Directions: From Hyden, take U.S. 421 North/West 80 for roughly six miles to the Redbird WMA entrance. Turn left on Redbird WMA Forestry Rd. 1533 for about 5 miles to field.
Lincoln County, private field:
Directions: From Stanford, travel north on U.S. 27 for 0.16 mile to a left on to KY 590 for about 1.5 miles to a gravel lane that leads to marked parking area and field.
McCracken County, Clark's River National Wildlife Refuge:
Mentor/Youth Hunts on Sept. 1, 7, and 8 and opens to public hunting on Sept. 9.
Directions: From Symsonia, take KY 131 north for a little over 2 miles to fields on left marked by signs. U.S.F.W.S. approved non-toxic shot required for all dove hunting on this area.
Washington County, private field:
Directions: From U.S. 150 at Fredericktown, take Short Creek Road to Burg Hill Road.


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This small, pleasant village is typical of Etherian hamlets. Village social life revolves around the Council Hall and the Laughing Swan Inn, owned by Garv The Inn Keeper and the location where Willawand the bard plays. The people of Thaymor are mainly in farm related occupations (farmers, tanners, wheelwrights, etc.). Thaymor is also located in the kingdom of Bright Moon. Bow meets Prince Adam for the first time in this village.
ALLEANZA : Great Rebellion, The
LUOGO DI ORIGINE : Kingdom Of Bright Moon


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Just Grace: Excerpt
I did not get to be the helper to Mister Magic the Magician at my very own (so it should have been me) sixth birthday party because Sammy Stringer spit purple grape juice all over my special white shirt with a big six on it, and I had to change it right when Mister Magic was starting up.
Mom said she was sure it was an accident, but I just know that spitting is pretty much an on-purpose thing, and it is almost impossible to forgive someone for something on purpose even if it was almost three years ago, which is a very long time.
I did not get to be a singing and dancing corncob in the Thanksgiving play because I was the only girl tall enough to fit into the tree costume who didn't cry real boo-hoo baby tears when she was asked, "Could you please not be a corncob, because what we really, really need is a tree and we already have way more than enough corncobs."
I will not say who cried big tears, and is probably a good actress because two seconds after she found out I was going to be the tree she was all smiles, because I am not a tattletale-type person. But I will say that I do not like her even one tiny bit, and that when she is not doing her acting, her true self is a Big Meanie!
Mom said I was a great tree even though I didn't get to say anything and Mr. Franks kept whispering at me to stop moving my arm branches around so much—he didn't think it should be a windy day. But if you are a tree it is boring to stand there super still with your arms out on each side doing nothing.
I did not get to be in the talent night at school and show off the photos I took with my new camera because I was sick with the stomach flu and was throwing up.
Aurora Gambit won a first-prize blue ribbon for her photos of flowers, which were okay, but my cat photos are way better and would have for sure taken her first-prize ribbon right away. Plus, she could be happy with the second- prize ribbon because it is red and that is one of her favorite colors because she says that red things look good with her orangish hair.
Sammy Stringer got an honorable mention green ribbon for his paintings of dog poop, which is totally unbelievable and gross!
But the biggest I-did-not-get-to-be of my life, ever, happened right at school in front of everybody in the whole third grade class. I did not get to be called Grace, which is an okay thing if your name is Tania or Ruth or Jordan but totally 100 percent unfair if you are me and your name is Grace, which mine is.
I didn't tell Mom because I knew she'd be mad and call the school, and you can't have your mom call the school unless something really bad happens, like maybe someone mean pushes you down and it breaks three of your front teeth, or else everybody will think you are a big baby and a complainer. And I am not either of those two things!
There are four girls named Grace in my class. Miss Lois, our new teacher, said, "We'll have to do something about that. It's too confusing with all you Graces."
Then she said, "Grace Wallace, you will be Grace W. Grace Francis can be Grace F., and Grace Landowski can be Grace L."
Right then Grace L. stood up and said, "Pretty please, Miss Lois, can I be Gracie instead of Grace L.?"
I knew I was next, so I said, "And I want to be just Grace."
"Perfect," said Miss Lois, and then she went down the list of everyone's new names and wrote them in her special book.
"Let's see, we have Grace W., Grace F., Gracie, and Just Grace."
Then Grace F. stood up and started waving her arm like a crazy person, trying to get Miss Lois's attention. She gave me a mean look and said, "How come she gets to be called Grace and I have to be Grace F.?
It's not fair! I want to be the one called Grace!" Miss Lois seemed a little grumpy that we were still talking about the Grace name thing.
She made a big sigh and said, "You're right, dear—it's not fair for anyone to be called Grace, so that's why Grace Stewart wants to be called Just Grace."
Both Grace F. and I said "Just Grace?" at the same time.
"That's weird!" said Grace F.
I tried to tell Miss Lois that she'd made a mistake and that I wanted to be called just Grace, not Just Grace, but she put her hand up in the air and said, "That's enough, girls. Let's move on to the three Owens." And that's how it happened that I have the stupidest name in the whole class! Or maybe even the whole entire world!