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BROOKS v. STATE

No. 78,973.

25 Kan. App.2d 466 (1998)

996 P.2d 686

MIKEL SHERMAN BROOKS, Appellant, v. STATE OF KANSAS, Appellee.

Court of Appeals of Kansas.

Opinion filed September 4, 1998.

Attorney(s) appearing for the Case

Debra J. Wilson, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for appellant.

Elizabeth Rogers, assistant district attorney, Nola Foulston, district attorney, and Carla J. Stovall, attorney general, for appellee.

Before LEWIS, P.J., GREEN and KNUDSON, JJ.

KUNDSON, J.:

Mikel Sherman Brooks appeals the summary denial of his pro se motion under K.S.A. 60-1507 attacking the underlying conviction and sentence imposed. We conclude its use constitutes an abuse of process and affirm the district court.

On December 9, 1988, Brooks pled guilty to aggravated robbery and was sentenced to an indefinite term of 6 to 20 years. On June 16, 1989, the district court entered an order nunc pro tune, providing that Brooks' sentence...

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