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STATE v. MYERS

No. 71,482

20 Kan. App. 2d 401 (1995)

STATE OF KANSAS, Appellee, v. PAUL WESLEY MYERS, Appellant.

Court of Appeals of Kansas.

Opinion filed January 20, 1995.

Attorney(s) appearing for the Case

Jeffrey L. Shaw, assistant appellate defender, Steven R. Zinn, deputy appellate defender, and Jessica R. Kunen, chief appellate defender, for appellant.

Paul Kritz, assistant county attorney, and Robert T. Stephan, attorney general, for appellee.

Before ROYSE, P.J., LARSON, J., and John J. Bukaty, Jr., District Judge, assigned.

LARSON, J.:

Paul Wesley Myers appeals the trial court's denial of his motion requesting a dispositional sentence departure.

Myers was convicted by a jury of involuntary manslaughter, K.S.A. 1993 Supp. 21-3404, arising out of an altercation on July 18, 1993, in which Myers shot and killed Arthur Thornton.

At sentencing, the trial court found the crime was a severity level 5 felony and Myers' criminal history classification was category F. Myers did...

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