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STATE v. LARRY

No. 66,813

252 Kan. 92 (1992)

843 P.2d 198

STATE OF KANSAS, Appellee, v. JERRELL EDWARD LARRY, Appellant.

Supreme Court of Kansas.

Opinion filed December 11, 1992.

Attorney(s) appearing for the Case

B. Kay Huff, special appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with her on the brief for appellant.

Jerome A. Gorman, assistant district attorney, argued the cause, and Nick A. Tomasic, district attorney, and Robert T. Stephan, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

Jerrell Edward Larry appeals from the denial of his motion to withdraw his guilty plea to murder in the first degree (felony murder). K.S.A. 21-3401. Larry claims the district court abused its discretion in not allowing him to withdraw his guilty plea prior to sentencing.

Shortly after midnight on April 28, 1990, Sean Malloy, his 17-year-old girlfriend, Sara Foulk, and their 4-month-old infant...

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