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SUTTON v. STATE

No. 52,773

6 Kan. App. 2d 831 (1981)

636 P.2d 187

RODNEY SUTTON, Appellant, v. STATE OF KANSAS, Appellee.

Court of Appeals of Kansas.

Petition for review denied January 15, 1982.

Attorney(s) appearing for the Case

Lisa Nathanson and Michael D. Gibbens, of Legal Services for Prisoners, Inc., of Lansing, and Carl Wagner, legal intern, Kansas Defender Project, of Lawrence, for the appellant.

Perry Warren, assistant county attorney, and Robert T. Stephan, attorney general, for the appellee.

Before JUSTICE HERD, presiding, SWINEHART, J., and LEWIS L. McLAUGHLIN, District Judge Retired, assigned.

HERD, J.:

On August 12, 1978, Rodney Sutton, along with three others, abducted a man at a Goodland rest area. During a scuffle with the victim, Sutton's gun discharged twice, one shot grazing the victim's cheek and ear lobe. The victim escaped.

On October 27, 1978, as a result of plea bargaining, the county attorney amended the information to charge Sutton with attempted murder pursuant to K.S.A. 21-3301 and K.S.A. 21-3401. Sutton pleaded guilty to the amended...

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