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STATE v. SMITH

No. 68,335

18 Kan. App. 2d 297 (1993)

851 P.2d 397

STATE OF KANSAS, Appellee, v. SHANE L. SMITH, Appellant.

Court of Appeals of Kansas.

Opinion filed May 7, 1993.

Attorney(s) appearing for the Case

Steven R. Zinn, deputy appellate defender, and Jessica R. Kunen, chief appellate defender, for appellant.

Tony Rues, assistant district attorney, Sue Carpenter, former assistant district attorney, Gene M. Olander, former district attorney, and Robert T. Stephan, attorney general, for appellee.

Before BRAZIL, P.J., LEWIS, J., and DANIEL L. BREWSTER, District Judge, assigned.

BRAZIL, J.:

Shane L. Smith appeals the denial of presumptive probation or assignment to community corrections following his first adult felony convictions. Smith contends the district court erred in holding that the statutory presumptions favoring probation and community corrections were inapplicable when a defendant's prior juvenile convictions would have been felonies if committed by an adult. Smith also contends...

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