No. 76,721.

261 Kan. 961 (1997)

933 P.2d 689

STATE OF KANSAS, Appellee, v. MARCUS GOODWIN, JR., a/k/a "CHICAGO," Appellant.

Supreme Court of Kansas.

Opinion filed March 7, 1997.

Attorney(s) appearing for the Case

Michael J. Helvey, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with him on the brief for appellant.

Thomas R. Telthorst, assistant district attorney, argued the cause, and Michael Grosko, assistant district attorney, Nick A. Tomasic, district attorney, and Carla J. Stovall, attorney general, were on the brief for appellee.

The opinion of the court was delivered by


This appeal arises out of a K.S.A. 60-1507 motion that resulted in the defendant, Marcus Goodwin, Jr., having his sentence vacated. Goodwin was resentenced to the identical sentence originally imposed. Goodwin's sole issue on appeal is whether the trial judge abused her discretion in resentencing him.

In 1976, Goodwin was convicted of aggravated burglary (K.S.A. 21-3716 [Weeks]) and aggravated robbery...

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