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STATE v. GARRETT

No. 56,334

235 Kan. 768 (1984)

684 P.2d 413

STATE OF KANSAS, Appellant, v. DAVID D. GARRETT, Appellee.

Supreme Court of Kansas.

Opinion filed June 8, 1984.

Attorney(s) appearing for the Case

Geary N. Gorup, 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.

Michael Barbara, of Sawhill, Underhill & Barbara, of Haysville, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

PRAGER, J.:

This is an appeal by the State from an order dismissing a complaint charging the defendant, David D. Garrett, with aggravated escape from custody (K.S.A. 21-3810). The facts in the case are not in dispute and were stipulated by the parties as follows:

(1) The defendant, David D. Garrett, was convicted of the offense of forgery (K.S.A. 21-3710[b]), a felony, by plea of guilty on May 20, 1982...

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