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STATE v. GONZALES

Nos. 70,240, 70,321

255 Kan. 243 (1994)

874 P.2d 612

STATE OF KANSAS, Appellee, v. LEONARD (JON) GONZALES, JR., and BUFORD W. BAILEY, Appellants.

Supreme Court of Kansas.

Opinion filed April 22, 1994.

Attorney(s) appearing for the Case

M. Kristine Paredes, assistant appellate defender, argued the cause for appellant Leonard (Jon) Gonzales, Jr., and Jeffrey L. Shaw, assistant appellate defender, argued the causefor appellant Buford W. Bailey; Jessica R. Kunen, chief appellate defender, was with them on the briefs.

Ty Kaufman, county attorney, argued the causes, and Robert T. Stephan, attorney general, was with him on the brief for appellee.

The opinion of the court was delivered by

ABBOTT, J.:

The basic issue in this appeal is whether the trial court erred in refusing to convert the defendants' sentences under K.S.A. 1993 Supp. 21-4724. There is also a jurisdictional question as to whether the conversion issue may be appealed.

Both defendants are now on parole, having completed their sentences while their cases were on appeal. The issue is not moot, however, because a successful appeal...

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