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STATE v. COLBERT

No. 61,605

244 Kan. 422 (1989)

769 P.2d 1168

STATE OF KANSAS, Appellee, v. MICHAEL COLBERT, Appellant.

Supreme Court of Kansas.

Opinion filed March 3, 1989.

Attorney(s) appearing for the Case

Jessica R. Kunen, chief appellate defender, argued the cause and was on the brief for appellant.

Debra L. Barnett, assistant district attorney, argued the cause, and Clark V. Owens, district attorney, and Robert T. Stephan, attorney general, were with her on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

Michael Colbert appeals his jury trial convictions of two counts of aggravated robbery (K.S.A. 21-3427) and two counts of aggravated battery (K.S.A. 21-3414).

At approximately 5:00 on the morning of May 15, 1987, a black male entered a 7-Eleven store on North Waco Street in Wichita. He told the clerk, Raymond McCullough, that he needed to use the restroom...

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