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STATE v. WALDEN

No. 65,407

15 Kan. App. 2d 139 (1990)

803 P.2d 1054

STATE OF KANSAS, Appellee, v. CLARE E. WALDEN, Appellant.

Court of Appeals of Kansas.

Opinion filed December 28, 1990.

Attorney(s) appearing for the Case

Kenneth M. Carpenter, of Carpenter, Chartered, of Topeka, for the appellant.

David Wiggins, assistant county attorney, Rodney H. Symmonds, county attorney, and Robert T. Stephan, attorney general, for the appellee.

Before LARSON, P.J., DAVIS, J., and RICHARD W. WAHL, District Judge Retired, assigned.

DAVIS, J.:

The defendant, Clare E. Walden, appeals his conviction under the Habitual Violator Act, K.S.A. 8-284 et seq., claiming that his three qualifying convictions did not all occur "within the immediately preceding five years," as required by K.S.A. 1989 Supp. 8-285. We affirm.

The habitual violator petition was filed March 7, 1990, alleging that the defendant had on or about March 2, 1990, and within five years immediately preceding that date...

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