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STATE v. STOREY

No. 95,592.

179 P.3d 1137 (2008)

STATE of Kansas, Appellee, v. Donald D. STOREY, Appellant.

Supreme Court of Kansas.

April 4, 2008.

Attorney(s) appearing for the Case

Matthew J. Edge, of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Boyd K. Isherwood, assistant district attorney, argued the cause, and Nola Tedesco Foulston, district attorney, and Phill Kline, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by NUSS, J.:

Donald Storey was convicted at a bench trial of burglary and theft for entering an unfinished medical center and taking a band saw. On appeal, Storey primarily argued that taking property from a structure under construction did not constitute burglary under K.S.A. 21-3715(b). A majority of the Court of Appeals panel affirmed his convictions and sentences. State v. Storey...

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