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STATE v. KITZMAN

No. 59,147

240 Kan. 191 (1986)

727 P.2d 491

STATE OF KANSAS, Appellant, v. ROBERT A. KITZMAN, Appellee.

Supreme Court of Kansas.

Opinion filed October 31, 1986.

Attorney(s) appearing for the Case

Arthur R. Weiss, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, and Gene M. Olander, district attorney, were with him on the brief for appellant.

Max Rowinsky, of Topeka, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

HERD, J.:

The state appeals pursuant to K.S.A. 22-3602(b)(3) upon a question reserved at the appellee Robert A. Kitzman's sentencing hearing on February 6, 1986. The facts are as follows:

On June 13, 1985, Robert Kitzman pled no contest to the charge of driving under the influence of alcohol or drugs. K.S.A. 1984 Supp. 8-1567. On June 27, 1985, he was sentenced to serve one year in the Shawnee County jail and...

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