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STATE v. VANWEY

77,562.

262 Kan. 524 (1997)

941 P.2d 365

STATE OF KANSAS, Appellant, v. RUSSELL A. VANWEY, Appellee.

Supreme Court of Kansas.

May 30, 1997.

Attorney(s) appearing for the Case

Gunnar A. Sundby, special assistant county attorney, argued the cause, and Allen A. Ternent, county attorney, and Carla J. Stovall, attorney general, were on the brief for appellant.

Robert J. Bednar, of Duncan-Senecal Law Offices, Chtd., of Atchison, argued the cause, and Richard P. Senecal, of the same firm, was on the brief for appellee.

The opinion of the court was delivered by

LARSON, J.:

The State of Kansas appeals the trial court's ruling denying the State's motion to set aside an agreed nunc pro tunc order which changed Russell A. Vanwey's 1992 sentence from consecutive to concurrent. We hold the trial court erroneously refused to set aside its nunc pro tunc order, jurisdiction did not exist for a nunc pro tunc order to be issued, and the original...

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