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STATE v. McDANIEL

No. 71,204

20 Kan. App. 2d 883 (1995)

STATE OF KANSAS, Appellee, v. PATRICIA McDANIEL, Appellant.

Court of Appeals of Kansas.

Opinion filed April 14, 1995.

Attorney(s) appearing for the Case

Steven R. Zinn, deputy appellate defender, and Jessica R. Kunen, chief appellate defender, for the appellant.

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

Before BRISCOE, C.J., RULON and GREEN, JJ.

BRISCOE, C.J.:

Patricia McDaniel appeals the denial of motions to modify sentences imposed following her pleas of guilty to possession of cocaine (K.S.A. 65-4127a) and failure to wear a seat belt (K.S.A. 8-2503). We apply a harmless error standard to the State's breach of the plea agreement at the hearing on the motion to modify and reverse and remand for rehearing on both motions to modify.

The sole issue presented is whether the State's admitted breach of...

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