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STATE v. ORTIZ

No. 53,369

230 Kan. 733 (1982)

640 P.2d 1255

STATE OF KANSAS, Appellee, v. CELESTINO ORTIZ, Appellant.

Supreme Court of Kansas.

Opinion filed February 27, 1982.

Attorney(s) appearing for the Case

K. Mike Kimball, of Hathaway & Kimball, of Ulysses, argued the cause and was on the briefs for the appellant.

M. Moran Tomson, county attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

Celestino Ortiz was convicted of second degree murder and three counts of aggravated assault with a deadly weapon. These felonies occurred on October 16, 1978, in Stanton County, Kansas. Ortiz was sentenced on March 6, 1979. On April 4, 1979, he signed the following written waiver of his right to appeal:

"I have told my court appointed attorney, Richard M. Pickler of Ulysses, Kansas, that I desire...

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