STATE v. WATERBURY

No. 71,947

258 Kan. 614 (1995)

STATE OF KANSAS, Appellee, v. ROBERT R. WATERBURY, Appellant.

Supreme Court of Kansas.

Opinion filed December 8, 1995.


Attorney(s) appearing for the Case

Wendy L. Rhyne Slayton, special appellate defender, and Jessica R. Kunen, chief appellate defender, were on the brief for the appellant.

Robert L. Daub, county attorney, and Carla J. Stovall, were on the brief for appellee.


The opinion of the court was delivered by

ABBOTT, J.:

The defendant, Robert R. Waterbury, appeals from the trial court's denial of his post-appeal motion to modify his sentence for aggravated sodomy. The defendant contends that the trial court abused its discretion by denying his motion without properly considering the factors set forth in K.S.A. 21-4601 and K.S.A. 1994 Supp. 21-4606.

We first determine this court's jurisdiction to hear the defendant...

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