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STATE v. TOLLIVER

No. 73,601.

22 Kan. App.2d 374 (1996)

916 P.2d 725

STATE OF KANSAS, Appellee, v. JAMES ROBERT TOLLIVER, Appellant.

Court of Appeals of Kansas.

Opinion filed May 17, 1996.

Attorney(s) appearing for the Case

Julie A. Gorenc and Elizabeth Seale Cateforis, assistant appellate defenders, and Jessica R. Kunen, chief appellate defender, for appellant.

Kerwin L. Spencer, county attorney, and Carla J. Stovall, attorney general, for appellee.

Before BRAZIL, C.J., LEWIS and KNUDSON, JJ.

BRAZIL, C.J.:

James Tolliver pled guilty to burglary. At sentencing, the parties agreed with the presentence investigation (PSI) report's statement that Tolliver had no criminal history, and Tolliver received 24 months' probation pursuant to the presumption for a 7-I offense. Three weeks after sentencing, the State moved to set aside Tolliver's sentence as illegal, alleging Tolliver actually possessed a lengthy criminal history and was on parole when the burglary...

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