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STATE v. LINSIN

No. 57,745

10 Kan. App. 2d 681 (1985)

709 P.2d 988

STATE OF KANSAS, Appellee, v. THOMAS LINSIN, Appellant.

Court of Appeals of Kansas.

Opinion filed November 27, 1985.

Attorney(s) appearing for the Case

James R. Borth, of Olathe, for the appellant.

Paul J. Morrison, assistant district attorney, Dennis W. Moore, district attorney, and Robert T. Stephan, attorney general, for the appellee.

Before ABBOTT, C.J., BRISCOE, J., and STEVEN P. FLOOD, District Judge, assigned.

BRISCOE, J.:

Defendant Thomas Linsin appeals the prison sentence he received after entering a plea of guilty to conspiracy to sell cocaine, a class E felony. K.S.A. 21-3302; K.S.A. 1984 Supp. 65-4107(b)(5); K.S.A. 65-4127a. The defendant, a first-time offender, contends he should have been sentenced to probation pursuant to the "presumptive sentence" language of K.S.A. 1984 Supp. 21-4606a. He argues the prison sentence imposed was an abuse of discretion resulting...

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