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STATE v. DAY

No. 67,325

17 Kan. App. 2d 737 (1992)

843 P.2d 294

STATE OF KANSAS, Appellant, v. WALTER E. DAY, Appellee.

Court of Appeals of Kansas.

Petition for review denied February 3, 1993.

Attorney(s) appearing for the Case

Thomas P. Alongi, assistant county attorney, and Robert T. Stephan, attorney general, for the appellant.

Steven L. Opat, of Harper, Hornbaker, Altenhofen & Opat, of Junction City, for the appellee.

Before BRAZIL, P.J., DAVIS, J., and BILL D. ROBINSON, JR., District Judge, assigned.

Petition for review denied 252 Kan. ___ (February 3, 1993).

DAVIS, J.:

The State appeals the dismissal of its petition alleging that Walter E. Day is a habitual violator.

The facts are not in dispute. Each of the three convictions used to support the petition for habitual violator satisfies K.S.A. 8-285(a)(2) and K.S.A. 8-285(a)(3). The problem arises in this case because one of the convictions used...

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