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STATE v. WATERBERRY

No. 64990.

804 P.2d 1000 (1991)

STATE of Kansas, Appellee, v. Robert R. WATERBERRY, Appellant.

Supreme Court of Kansas.

January 18, 1991.

Attorney(s) appearing for the Case

Lucille Marino, Asst. Appellate Defender, argued the cause, and Jessica R. Kunen, Chief Appellate Defender, was with her on the brief, for appellant.

Jennifer J. Kassebaum, Asst. County Atty., argued the cause, and Michael F. Powers, County Atty., and Robert T. Stephan, Atty. Gen., were on the brief, for appellee.

ABBOTT, Judge:

This is a direct appeal by Robert R. Waterberry from his conviction following a plea of guilty of one count of aggravated sodomy (K.S.A. 21-3506).

Waterberry contends that the information charging him with aggravated sodomy is fatally defective because it fails to allege he was not married to the victim when the act occurred and that the trial court abused its discretion in sentencing the defendant to a term of 10 years to life and in refusing...

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