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STATE v. SMITH

No. 67,855

17 Kan. App. 2d 746 (1992)

843 P.2d 297

STATE OF KANSAS, Appellee, v. RONALD SMITH, Appellant.

Court of Appeals of Kansas.

Petition for review granted May 27, 1993.

Attorney(s) appearing for the Case

Jean K. Gilles, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for appellant.

Chris Biggs, county attorney, and Robert T. Stephan, attorney general, for appellee.

Before BRISCOE, C.J., RON ROGG, District Judge, assigned, and E. NEWTON VICKERS, District Judge Retired, assigned.

VICKERS, J.:

Defendant Ronald Smith appeals the trial court's dismissal of his motion to modify sentence for lack of jurisdiction. This is the second time his appeal is before us. Smith pled no contest to rape, K.S.A. 21-3502; aggravated criminal sodomy, K.S.A. 21-3506; and aggravated burglary, K.S.A. 1991 Supp. 21-3716. Smith was sentenced to a controlling term of 20 to 40 years' imprisonment. Smith filed a motion to modify his sentence, which was denied. Smith appealed...

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