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MITCHELL v. RAYL

No. 55,003

8 Kan. App. 2d 690 (1983)

665 P.2d 1117

GENE ALLEN MITCHELL, Petitioner/Appellant, v. GARY RAYL, Director, Kansas State Penitentiary, Respondent/Appellee.

Court of Appeals of Kansas.

Petition for review denied September 8, 1983.

Attorney(s) appearing for the Case

Lisa Nathanson, of Legal Services for Prisoners, Inc., of Topeka, for appellant.

James E. Flory, deputy attorney general, and Robert T. Stephan, attorney general, for appellee.

Before SWINEHART, P.J., ABBOTT and PARKS, JJ.

ABBOTT, J.:

The issue in this case is whether K.S.A. 1982 Supp. 22-3717(a), which allows good time credits to inmates serving mandatory minimum terms for certain offenses involving the use of a firearm pursuant to K.S.A. 21-4618, is to be applied retroactively or prospectively.

The appellant, Gene Allen Mitchell, was sentenced to a term of seven and one-half years to life and is presently incarcerated at the Kansas State Penitentiary. When he was sentenced...

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