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STATE v. RAY

No. 64,930

15 Kan. App. 2d 1 (1990)

800 P.2d 148

STATE OF KANSAS, Appellee, v. RICHARD BERNARD RAY, Appellant.

Court of Appeals of Kansas.

Opinion filed November 2, 1990.

Attorney(s) appearing for the Case

Thomas Jacquinot, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for appellant.

Randy M. Hendershot, assistant district attorney, Gene M. Olander, district attorney, and Robert T. Stephan, attorney general, for appellee.

Before BRISCOE, C.J., ELLIOTT and GERNON, JJ.

ELLIOTT, J.:

Richard B. Ray appeals his sentence for burglary, a class D felony, K.S.A. 21-3715. Ray contends that, based on the presumptive sentence established in K.S.A. 1989 Supp. 21-4606a and -4606b, he was entitled to probation or, alternatively, assignment to a community correctional services program (community corrections).

We affirm.

Ray was originally charged with aggravated burglary and theft, but the State amended count 1 of aggravated burglary...

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