STATE v. ATWELL

No. 64,793

14 Kan. App. 2d 752 (1990)

798 P.2d 517

STATE OF KANSAS, Appellee, v. PATRICIA A. ATWELL, Appellant.

Court of Appeals of Kansas.

Opinion filed September 28, 1990.


Attorney(s) appearing for the Case

J. Charles Droege, of Linde Thomson Langworthy Kohn & Van Dyke, P.C., of Overland Park, for appellant.

W. Scott Toth, assistant district attorney, Paul J. Morrison, district attorney, and Robert T. Stephan, attorney general, for appellee.

Before BRAZIL, P.J., RULON and LEWIS, JJ.


RULON, J.:

Patricia Atwell, defendant, appeals the trial court's denial of presumptive probation as a first-time offender convicted of an E felony. K.S.A. 1989 Supp. 21-4606a and K.S.A. 1989 Supp. 21-4606b. We affirm in part and remand for further proceedings.

On appeal Atwell argues the trial court abused its discretion in finding sufficient facts to overcome the presumption of probation and in failing to consider assignment to community corrections. K.S...

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