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STATE v. CALDRONE

No. 47,945

218 Kan. 471 (1975)

543 P.2d 1028

STATE OF KANSAS, Appellee, v. JOHN C. CALDRONE, Appellant.

Supreme Court of Kansas.

Opinion filed December 13, 1975.

Attorney(s) appearing for the Case

Edward M. Boyle, of Payne & Jones, Chartered, of Olathe, argued the cause and was on the brief for the appellant.

Richard S. Wetzler, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, and Margaret W. Jordan, district attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

This is an appeal by defendant John C. Caldrone from an order of the trial court denying a motion filed under the provisions of K.S.A. 21-4603 (2) to reduce the minimum sentence previously imposed by the court. The state, as appellee, first claims the appeal should be dismissed for two reasons — first, the issue is moot; and second, defendant lacks legal standing to pursue the appeal. In the alternative...

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