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STATE v. BAFFORD

No. 69,961

255 Kan. 888 (1994)

879 P.2d 613

STATE OF KANSAS, Appellee, v. JONATHAN W. BAFFORD, Appellant.

Supreme Court of Kansas.

Opinion filed August 17, 1994.

Attorney(s) appearing for the Case

Thomas Jacquinot, special appellate defender, of Kansas Defender Project, of Lawrence, argued the cause, and Jessica R. Kunen, chief appellate defender, of Topeka, and Elizabeth Cateforis, student intern, of Lawrence, were with him on the briefs for appellant.

Kevin C. Fletcher, first assistant county attorney, argued the cause, and Timothy J. Chambers, county attorney, and Robert T. Stephan, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

We are required to interpret K.S.A. 1992 Supp. 22-3424(4) in resolving Jonathan W. Bafford's claim of error in his sentencing procedure. Bafford asserts that he is entitled to resentencing because the trial judge, before imposing sentence, did not personally ask him if he wished to present evidence in mitigation of his punishment. Bafford was charged with aggravated robbery, K.S.A. 21-3427; aggravated assault...

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