I dissent.
The dispositive question is whether the Kansas Reception and Diagnostic Center recommendation that defendant’s sentence be less than the statutory minimum of not less than five years nor more than twenty years (K.S.A. 21-4501[fe]) was a recommendation of the Secretary of Corrections. That question, between these same parties, was decided adversely to the State at the August 24, 1981, hearing. The written order entered as a result of that hearing was approved by the State as correctly stating the trial court’s order. It reads in part:
“The Court further finds that the recommendation oí Dr. Karl K. Targownik, as set forth in the report from the Kansas State Diagnostic and Reception Center is deemed to be and found to be a recommendation of the Secretary of Corrections, and further that the best interest of the public will not be jeopardized and the welfare of the inmate will be served by a reduction as recommended by Dr. Targownik in the report submitted to the District Court of Riley, Kansas.” (Emphasis added.)
*177The State took no appeal from the August 24, 1981, findings, decision and action of the district court. The State makes no showing of justification for relitigation of the adjudicated question. We should not place our imprimatur upon relitigation of the question and reversal of the previous adjudication. I find this particularly true in this case for the reason that at the March 8, 1982, hearing there was no showing by the State of previous error. The State did not ask the trial judge to take judicial notice of any facts or matters outside the record and it presented no testimonial or documentary evidence. The question was relitigated in a prior ex parte telephone conversation between the trial judge and Dr. Targownik.