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STATE v. KENISTON

No. 72,618

21 Kan. App. 2d 818 (1995)

STATE OF KANSAS, Appellee, v. ELMER JOSEPH KENISTON, Appellant.

Court of Appeals of Kansas.

Opinion filed December 22, 1995.

Attorney(s) appearing for the Case

Edward G. Collister, Jr., special appellate defender, and Jessica R. Kunen, chief appellate defender, for appellant.

John K. Bork, assistant attorney general, and Carla J. Stovall, attorney general, for appellee.

Before RULON, P.J., MARQUARDT, J., and E. NEWTON VICKERS, District Judge Retired, assigned.

RULON, J.:

Elmer Joseph Keniston, defendant, appeals the departure sentence imposed as a result of his nolo contendere plea to one count of rape, K.S.A. 1993 Supp. 21-3502. He also pled nolo contendere to one count of aggravated criminal sodomy, K.S.A. 1993 Supp. 21-3506(a)(3); one count of aggravated burglary, K.S.A. 1993 Supp. 21-3716, and one count of aggravated robbery, K.S.A. 1993 Supp. 21-3427; he does not appeal these sentences. We affirm.

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