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STATE v. LUMLEY

No. 78,447.

25 Kan. App.2d 366 (1998)

963 P.2d 1238

STATE OF KANSAS, Appellee, v. ROY A. LUMLEY, Appellant.

Court of Appeals of Kansas.

Opinion filed August 7, 1998.

Attorney(s) appearing for the Case

Randall L. Hodgkinson, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for appellant.

Michelle M. Sehee, assistant district attorney, Nola Foulston, district attorney, and Carla J. Stovall, attorney general, for appellee.

Before BRAZIL, C.J., GERNON, J., and ERNEST L. JOHNSON, District Judge, assigned.

Aff'd 267 Kan. 4, 977 P.2d 914 (1999).

JOHNSON, J.:

Roy A. Lumley appeals from the district court's actions in "resentencing" him to imprisonment. The trial court, at a probation revocation hearing, found that probation had originally been granted based on Lumley's fraud. In essence, the trial court revoked Lumley's probation.

On April 4, 1996, Lumley pled guilty to three counts of...

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