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STATE v. RIOS

Nos. 62,449, 62,478

246 Kan. 517 (1990)

792 P.2d 1065

STATE OF KANSAS, Appellee/Cross-Appellant, v. RICHARD M. RIOS, Appellant/Cross-Appellee. STATE OF KANSAS, Appellee/Cross-Appellant, v. WILLIAM S. JOHNSON, Appellant/Cross-Appellee.

Supreme Court of Kansas.

Opinion filed May 25, 1990.

Attorney(s) appearing for the Case

Geary N. Gorup, of The Law Offices of Leslie F. Hulnick, P.A., of Wichita, argued the cause, and Leslie F. Hulnick, of the same firm, was with him on the briefs for appellant/cross-appellee Richard M. Rios.

Lucille Marino, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with her on the briefs for appellant/cross-appellee William S. Johnson.

Thomas J. Robinson, assistant district attorney, argued the cause, and Nola Foulston, district attorney, and Robert T. Stephan, attorney general, were with him on the brief for appellee/cross-appellant.

The opinion of the court was delivered by

McFARLAND, J.:

Richard M. Rios and William S. Johnson appeal their jury trial convictions of one count each of jointly making a false writing (K.S.A. 21-3711); one count each of individually making a false writing (K.S.A. 21-3711); and one count each of theft by deception (K.S.A. 21-3701[b]). The State has filed a cross-appeal challenging the jury instruction permitting the jury to merge multiple counts into single...

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