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STATE v. FOWLER

No. 57,800

238 Kan. 213 (1985)

708 P.2d 539

STATE OF KANSAS, Appellee, v. BRIAN FOWLER, Appellant.

Supreme Court of Kansas.

Opinion filed October 25, 1985.

Attorney(s) appearing for the Case

Craig Shultz, of Shultz & Webb, Chartered, of Wichita, argued the cause and was on the brief for the appellant.

Kimberly Gee Vines, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, and Clark V. Owens, district attorney, were with her on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, C.J.:

This is an appeal in a criminal action in which Brian Fowler (defendant-appellant) pled guilty to two counts of aggravated robbery (K.S.A. 21-3427) and was sentenced to the mandatory minimum sentence (five to twenty years for each count) and denied probation pursuant to K.S.A. 21-4618. The defendant contends the trial court erred in imposing sentence under K.S.A. 21-4618 because the pellet gun he used...

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