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STATE v. ALVAREZ

No. 55,846

9 Kan. App. 2d 371 (1984)

678 P.2d 1132

STATE OF KANSAS, Appellee, v. GILBERT ALVAREZ, Appellant.

Court of Appeals of Kansas.

Opinion filed March 29, 1984.

Attorney(s) appearing for the Case

Ward P. Ferguson, of Weelborg, Embers & Ferguson, Chtd., of McPherson, for appellant.

John B. Klenda, county attorney; and Robert T. Stephan, attorney general, for appellee.

Before FOTH, C.J., SWINEHART and MEYER, JJ.

Petition for review denied 235 Kan. 1042.

MEYER, J.:

Appellant Gilbert Alvarez (defendant) appeals from his conviction of theft, K.S.A. 21-3701, a class "D" felony.

A pickup truck belonging to Kenneth Nightengale was stolen in McPherson County, Kansas, on January 4, 1983. Defendant was arrested on January 30, 1983, in Sedgwick County, Kansas, after having been seen operating the stolen vehicle.

A complaint was filed in the District Court of...

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