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SAFARIK v. BRUCE

No. 71,157

20 Kan. App. 2d 61 (1994)

LESLIE SAFARIK, Appellee, v. L.E. BRUCE, Warden, Representative of the Kansas Department of Corrections, Appellant.

Court of Appeals of Kansas.

Opinion filed October 28, 1994.

Attorney(s) appearing for the Case

Charles Simmons and Timothy G. Madden, of the Kansas Department of Corrections, of Topeka, for appellant.

Ron Svaty, of Svaty, Sherman & Hoffman, of Ellsworth, for appellee.

Before RULON, P.J., GREEN, J., and RICHARD B. WALKER, District Judge, assigned.

WALKER, J.:

The warden of the Ellsworth Correctional Facility, appeals from an Ellsworth County District Court order which ordered that the petitioner, Leslie Safarik, be released from custody. We reverse and remand with directions.

Petitioner is an inmate at the Ellsworth Correctional Facility serving a sentence imposed by the Sedgwick District Court of not less than 5 nor more than 20 years for aggravated battery. On October 13, 1993, petitioner received...

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