STATE v. TURNER

No. 65,974

16 Kan. App. 2d 221 (1991)

820 P.2d 1251

STATE OF KANSAS, Appellee, v. PHILLIP TURNER, Appellant. Reversed , (1992).

Court of Appeals of Kansas.

Opinion filed November 22, 1991.


Attorney(s) appearing for the Case

Sarah E. McKinnon, legal intern, of Washburn Legal Clinic, Rebecca E. Woodman, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for appellant.

Martin L. Miller, assistant district attorney, Gerald E. Wells, district attorney, and Robert T. Stephan, attorney general, for appellee.

Before PIERRON, P.J., LARSON and LEWIS, JJ.


LARSON, J.:

Phillip Turner appeals his jury conviction for aggravated assault, contending the evidence was insufficient, the trial court abused its discretion by failing to assign him to community corrections, and the sentence imposed was the result of partiality, prejudice, and corrupt motive.

On August 15, 1989, Jeffrey Gardner, a resident in a boarding house in Lawrence, Kansas, heard an argument, screaming and hollering coming from Turner's room located...

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