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STATE v. PELZER

No. 53,480

230 Kan. 780 (1982)

640 P.2d 1261

STATE OF KANSAS, Appellant, v. LAWRENCE G. PELZER, Appellee.

Supreme Court of Kansas.

Opinion filed February 27, 1982.

Attorney(s) appearing for the Case

Jack Peggs, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, and Clark V. Owens, district attorney, were with him on the brief for the appellant.

Edward J. Healy, of Fleeson, Gooing, Coulson & Kitch, of Wichita, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

This is an appeal by the State on a question reserved pursuant to K.S.A. 1980 Supp. 22-3602. The sentencing court, after the defendant was convicted of the crime of aggravated robbery while armed with a dangerous weapon (a handgun), refused to impose a mandatory minimum sentence under K.S.A. 1980 Supp. 21-4618 when it was established that defendant used an inoperable handgun in the commission of the crime...

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