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STATE v. LOVE

No. 52,575

5 Kan. App. 2d 768 (1981)

625 P.2d 7

STATE OF KANSAS, Appellant, v. ROY LEE LOVE, Appellee.

Court of Appeals of Kansas.

Petition for review denied April 29, 1981.

Attorney(s) appearing for the Case

Bate R. Hamilton, assistant district attorney, Robert T. Stephan, attorney general, and Dennis W. Moore, district attorney, for the appellant.

David R. Gilman of David R. Gilman & Associates, of Overland Park, for the appellee.

Max G. Moses, of Topeka, and Will Madden, of Lawrence, on the brief for amicus curiae, Kansas County and District Attorneys' Association.

Before FOTH, C.J., PARKS and SWINEHART, JJ.

SWINEHART, J.:

This is an appeal by the State from an order of the District Court of Johnson County sustaining petitioner Roy Lee Love's writ of habeas corpus on double jeopardy grounds. This case was improperly titled, and is separate and distinct from the original case wherein Love was charged with the commission of a felony.

The petitioner was originally arrested on April 18, 1979, and charged with aggravated robbery in district court case No. K-34933....

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