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STATE v. McDANIEL

No. 64,965

249 Kan. 341 (1991)

819 P.2d 1165

STATE OF KANSAS, Appellee, v. GARY McDANIEL, Appellant.

Supreme Court of Kansas.

Opinion filed October 25, 1991.

Attorney(s) appearing for the Case

Steven R. Zinn, deputy appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with him on the brief for appellant.

Debra Byrd Wagner, assistant district attorney, argued the cause, and Alisa M. Arst, assistant district attorney, Nola Foulston, district attorney, and Robert T. Stephan, attorney general, were with her on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

Gary McDaniel appeals from the trial court's denial of his post-appeal motion to modify his sentence. McDaniel contends (1) he is entitled to bring this appeal and (2) the trial court abused its discretion in failing to modify his sentence.

In 1986, McDaniel was convicted of five counts of rape, five counts of aggravated burglary, four counts of aggravated...

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