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STATE v. MARBLE

No. 71,393

21 Kan. App. 2d 509 (1995)

STATE OF KANSAS, Appellee, v. JAMES B. MARBLE, Appellant.

Court of Appeals of Kansas.

Opinion filed August 18, 1995.

Attorney(s) appearing for the Case

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

Doyle Baker, assistant district attorney, Nola Foulston, district attorney, and Robert T. Stephan, attorney general, for appellee.

Before BRAZIL, C.J., LARSON, J., and DANIEL L. LOVE, District Judge, assigned.

LARSON, J.:

James B. Marble appeals his conviction after a jury trial of one count of aggravated criminal sodomy, K.S.A. 1994 Supp. 21-3506, contending that the prosecution improperly questioned him on cross-examination, the judge erroneously communicated ex parte with a juror, the trial court erred in excluding evidence impeaching the State's complaining witness, and the trial court improperly failed to grant a downward durational departure during sentencing.

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