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STATE v. DORSEY

No. 62,003

13 Kan. App. 2d 286 (1989)

769 P.2d 38

STATE OF KANSAS, Appellee, v. MICHAEL J. DORSEY, Appellant.

Court of Appeals of Kansas.

Opinion filed February 17, 1989.

Attorney(s) appearing for the Case

Charley Laman, of Laman Law Office, of Clyde, for appellant.

Robert A. Walsh, county attorney, and Robert T. Stephan, attorney general, for appellee.

Before RULON, P.J., BRISCOE and BRAZIL, JJ.

Petition for review denied 244 Kan. 739.

BRAZIL, J.:

Michael J. Dorsey timely appeals from his conviction in district court of aggravated burglary under K.S.A. 21-3716 and theft under K.S.A. 21-3701. Dorsey raises two issues on appeal: (1) Whether the district court erred in denying Dorsey's motion to dismiss the charge of aggravated burglary on the basis that the pharmacy was not a structure occupied by a human being at the time of the burglary, and (2) whether...

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