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STATE v. WAGNER

No. 60,868

242 Kan. 329 (1987)

747 P.2d 114

STATE OF KANSAS, Appellant, v. BRET A. WAGNER and BARBARA J. WAGNER, Appellees.

Supreme Court of Kansas.

Opinion filed December 11, 1987.

Attorney(s) appearing for the Case

Kenneth R. Smith, 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.

There was no appearance for appellees.

The opinion of the court was delivered by

HOLMES, J.:

This is an appeal by the State, pursuant to K.S.A. 1986 Supp. 22-3602(b)(3), upon a question reserved by the prosecution. The statute was amended in 1987; however, the amendment does not affect this appeal. Although the State designates two issues on appeal, we need only address the first. The appellant states the first issue as:

"Does a defendant who testifies at his trial, is convicted, imposition...

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