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STATE v. DIAZ & ALTEMAY

No. 54,041

232 Kan. 307 (1982)

654 P.2d 425

STATE OF KANSAS, Appellee, v. LUIZ DIAZ and VICTOR C. ALTEMAY, Appellants.

Supreme Court of Kansas.

Opinion filed December 3, 1982.

Attorney(s) appearing for the Case

Antonio L. Ortega, of Blase, Blase & Ortega, of Wichita, was on the brief for appellant Diaz.

Joseph Bribiesca, of Wichita, argued the cause and was on the brief for appellant Altemay.

Geary Gorup, assistant district attorney, argued the cause; Robert T. Stephan, attorney general, Clark V. Owens, district attorney, and Carl Wagner, assistant district attorney, were on the brief for appellee.

The opinion of the court was delivered by

MILLER, J.:

The defendants, Luiz Diaz and Victor C. Altemay, appeal from their convictions by jury trial in Sedgwick District Court of aggravated robbery, aggravated battery, and aggravated kidnapping, K.S.A. 21-3427, 21-3414, and 21-3421. They raise seven issues which we will discuss separately.

On April 18, 1981, Jerry Wells and Alfredo Chavez were conversing outside a liquor store located on the corner of...

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