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STATE v. ALEMAN

No. 66,359

16 Kan. App. 2d 784 (1992)

830 P.2d 64

STATE OF KANSAS, Appellee, v. MIGUEL a/k/a MIKE ALEMAN, Appellant.

Court of Appeals of Kansas.

Petition for review denied June 3, 1992.

Attorney(s) appearing for the Case

J. Patrick Lawless, Jr., assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for the appellant.

Tamara S. Hicks, assistant county attorney, Ricklin R. Pierce, county attorney, and Robert T. Stephan, attorney general, for the appellee.

Before BRISCOE, C.J., BRAZIL, J., and TERRY L. BULLOCK, District Judge, assigned.

BRISCOE, C.J.:

Defendant Miguel Aleman appeals the sentence imposed following his nolo contendere plea to possession of cocaine (K.S.A. 1991 Supp. 65-4127a). Aleman contends the court improperly applied K.S.A. 1991 Supp. 21-4608(3) to conclude that a consecutive sentence was mandatory. He argues the court should have relied upon K.S.A. 1991 Supp. 21-4608(8), which gives the court discretion to impose either a consecutive...

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