STATE v. MARBLEY

No. 69,574

20 Kan. App. 2d 34 (1994)

STATE OF KANSAS, Appellee, v. DENNIS R. MARBLEY, Appellant.

Court of Appeals of Kansas.

Opinion filed October 21, 1994.


Attorney(s) appearing for the Case

Reid T. Nelson, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for the appellant.

Rebecca D. Brock, assistant district attorney, Paul J. Morrison, district attorney, and Robert T. Stephan, attorney general, for the appellee.

Before BRISCOE, C.J., LEWIS and GREEN, JJ.


BRISCOE, C.J.:

Dennis Marbley appeals his convictions of robbery (K.S.A. 21-3426) and attempting to elude a police officer (K.S.A. 8-1568). He argues the trial court erred in allowing the State to use a peremptory challenge to strike the only black juror on the panel, and that the court erred in failing to instruct on the lesser included offense of theft by threat.

Marbley entered an Amoco station in Overland...

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