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STATE v. DUBISH

No. 56,872

236 Kan. 848 (1985)

696 P.2d 969

STATE OF KANSAS, Appellee, v. ANDREW T. DUBISH, Appellant.

Supreme Court of Kansas.

Opinion filed March 2, 1985.

Attorney(s) appearing for the Case

Don W. Lill, of Emporia, argued the cause and was on the brief for appellant.

Rodney H. Symmonds, county attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

After Andrew T. Dubish was convicted of aggravated kidnapping, aggravated sodomy, aggravated battery and making a terroristic threat, he appealed his conviction. Subsequent to the filing of the appeal, the district court granted Dubish probation on the aggravated kidnapping. Later the district court reversed itself and set aside the order of probation claiming it was without jurisdiction to grant probation...

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