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KIRKLAND v. STATE

No. 78,131.

25 Kan. App.2d 359 (1998)

965 P.2d 227

HENRY G. KIRKLAND, Appellant, v. STATE OF KANSAS, Appellee.

Court of Appeals of Kansas.

Opinion filed August 7, 1998.

Attorney(s) appearing for the Case

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

David L. Miller, county attorney, Michael Grear, assistant county attorney, and Carla J. Stovall, attorney general, for appellee.

Before MARQUARDT, P.J., GERNON, J., and DAVID PRAGER, Chief Justice Retired, assigned.

GERNON, J.:

Henry G. Kirkland filed a petition pursuant to K.S.A. 60-1507, seeking to withdraw his plea of no contest to one count of aggravated battery. The plea was part of a plea bargain in which another count of aggravated battery and a charge of child abuse were dismissed.

Pending a hearing on this appeal, Kirkland died. The issue before us is whether his death makes an appeal from a K.S.A. 60-1507 petition moot. If the appeal is not moot, we must address...

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