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STATE v. FAVELA

No. 71,646

21 Kan. App. 2d 202 (1995)

STATE OF KANSAS, Appellant, v. JOSE S. FAVELA a/k/a JOSE S. RIVAS, Appellee.

Court of Appeals of Kansas.

Opinion filed June 23, 1995.

Attorney(s) appearing for the Case

Keith E. Schroeder, assistant county attorney. and Robert T. Stephan, attorney general, for appellant.

Philip M. Durr, of Sterling, for appellee.

Before RULON, P.J., LARSON, J., and TOM MALONE, District Judge, assigned.

RULON, J.:

The State appeals the sentencing court's decision to grant both a durational and dispositional sentence departure for the defendant's conviction of one count of attempted murder in the second degree, K.S.A. 1994 Supp. 21-3301 and K.S.A. 1994 Supp. 21-3402. We vacate the sentence and remand the cause with directions.

FACTUAL SUMMARY

On September 27, 1993, Hutchinson police were dispatched to the site of...

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