STATE v. DUGAN

No. 67,256

17 Kan. App. 2d 340 (1992)

836 P.2d 584

STATE OF KANSAS, Appellee, v. DAVID D. DUGAN, Appellant.

Court of Appeals of Kansas.

Opinion filed August 14, 1992.


Attorney(s) appearing for the Case

Thomas Jacquinot, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for the appellant.

Margaret A. Lutes, assistant district attorney, Gene M. Olander, district attorney, and Robert T. Stephan, attorney general, for the appellee.

Before BRISCOE, C.J., ELLIOTT and PIERRON, JJ.


BRISCOE, C.J.:

Defendant David Dugan appeals from the denial of his motion to modify sentence, alleging the district court abused its discretion by ignoring the Topeka Correctional Facility's (TCF) recommendation that he be placed on probation. After concluding we have jurisdiction to consider this appeal, we find a recommendation of probation was made by TCF. We reverse the district court's denial of the motion to modify and remand for reconsideration of the motion...

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