STATE v. WIELGUS

No. 62,445

14 Kan. App. 2d 145 (1989)

783 P.2d 1320

STATE OF KANSAS, Appellee, v. MARK JAMES WIELGUS a/k/a MARK ROBERTS, Appellant.

Court of Appeals of Kansas.

Opinion filed December 29, 1989.


Attorney(s) appearing for the Case

Benjamin C. Wood, of Parker, Bigus & Gerstle, P.A., of Overland Park, for the appellant.

Debra A. Vermillion, assistant district attorney, Paul J. Morrison, district attorney, and Robert T. Stephan, attorney general, for the appellee.

Before DAVIS, P.J., GERNON, J., and PAUL W. CLARK, District Judge, assigned.


CLARK, J.:

The issue here is whether defendant has a right to make a statement to the court during that portion of a criminal proceeding known as allocution. K.S.A. 22-3422.

The trial court refused defendant's request to make a statement during allocution. We vacate the sentence and remand for resentencing consistent with this opinion.

The law controlling the case is found at K.S.A. 22-3424(4). That part pertinent here is this:

"Before imposing...

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