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STATE v. LACKEY

No. 90,532.

280 Kan. 190 (2005)

STATE OF KANSAS, Appellee, v. ROBERT HENRY LACKEY II, Appellant.

Supreme Court of Kansas.

Opinion filed September 30, 2005.

Attorney(s) appearing for the Case

Patrick H. Dunn, assistant appellate defender, argued the cause and was on the brief for appellant.

John K. Bork, assistant attorney general, argued the cause, and Kristafer R. Ailslieger, assistant attorney general, and Phill Kline, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

DAVIS, J.:

Robert Henry Lackey, II, was convicted by a jury of one count of premeditated first-degree murder in violation of K.S.A. 21-3401(a) (Ensley 1981) and one count of rape in violation of K.S.A. 21-3502 (Ensley 1981), for crimes committed in December 1982. Pursuant to K.S.A. 1982 Supp. 21-4504 of the Habitual Criminal Act (HCA), his sentence was enhanced to two consecutive terms of life imprisonment and 45 years...

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