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STATE v. EMERSON

No. 70,691

20 Kan. App. 2d 40 (1994)

STATE OF KANSAS, Appellee, v. ROBERT ALLEN EMERSON, Appellant.

Court of Appeals of Kansas.

Opinion filed October 21, 1994.

Attorney(s) appearing for the Case

Hazel Haupt, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for appellant.

Jennifer Deines, legal intern, Debra S. Peterson, assistant district attorney, Nola Foulston, district attorney, and Robert T. Stephan, attorney general, for appellee.

Before BRISCOE, C.J., ROYSE, J., and E. NEWTON VICKERS, District Judge Retired, assigned.

ROYSE, J.:

Robert Allen Emerson was convicted of six counts of burglary and six counts of misdemeanor theft. The district court sentenced Emerson to a controlling term of 3 to 15 years and placed Emerson on probation for 2 years. Emerson appeals from his sentence.

The case was tried to the court on stipulated facts. Emerson and Kelly Bolin went into the fenced storage lot at Marine World, a business in Clearwater, Kansas. They removed stereo equipment

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