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SPENCER v. STATE

No. 75,174.

264 Kan. 4 (1998)

954 P.2d 1088

GENE D. SPENCER, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed March 6, 1998.

Attorney(s) appearing for the Case

Janine Cox, assistant appellate defender, argued the cause, and Steven & Tinn, deputy appellate defender, and Jessica R. Kunen, chief appellate defender, were with her on the briefs for appellant.

Timothy J. Chambers, county attorney, argued the cause, and Carla J. Stovall, attorney general, was with him on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

This case considers whether the crime of attempted aggravated assault existed in 1990. The issue before the district court was limited to sentencing. The Court of Appeals expanded the inquiry to include whether the defendant could plead to a nonexistent crime. We alter the issue for review by examining State v. Martinez, 20 Kan.App.2d 824, 835, 893 P.2d 267...

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