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STATE v. SYLVA

No. 64,480

14 Kan. App. 2d 609 (1990)

795 P.2d 947

STATE OF KANSAS, Appellee, v. STEPHEN W. SYLVA, Appellant.

Court of Appeals of Kansas.

Opinion filed August 10, 1990.

Attorney(s) appearing for the Case

Rick Kittel, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for appellant.

Rebecca D. Brock, assistant district attorney, Paul J. Morrison, district attorney, and Robert T. Stephan, attorney general, for appellee.

Before ABBOTT, C.J., BRAZIL AND GERNON, JJ.

Aff'd 248 Kan. 118, 804 P.2d 967 (1991).

BRAZIL, J.:

Stephen W. Sylva appeals a district court order denying his motion to modify sentence, arguing the court was required by K.S.A. 1989 Supp. 21-4603(3)(a) to grant probation because probation was recommended in the report of the State Reception and Diagnostic Center (SRDC) and because probation

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