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HERRICK v. STATE

No. 80,595.

25 Kan. App.2d 472 (1998)

965 P.2d 844

BRIAN HERRICK, Appellee, v. STATE OF KANSAS, Appellant.

Court of Appeals of Kansas.

Opinion filed September 4, 1998.

Attorney(s) appearing for the Case

Steven J. Obermeier, assistant district attorney, Paul J. Morrison, district attorney, and Carla J. Stovall, attorney general, for the appellant.

Robb Edmonds and Tom Bath, of Bath & Edmonds, P.A., of Overland Park, for the appellee.

Before LEWIS, P.J., PIERRON, J., and REBECCA L. PILSHAW, District Judge, assigned.

PIERRON, J.:

The State of Kansas appeals the district court's granting of Brian Herrick's motion to correct sentence filed pursuant to K.S.A. 60-1507. Herrick asserted his criminal history score was incorrect because the building involved in a burglary that was included in his criminal history was incorrectly defined as a "dwelling." The State argues the structure was a dwelling since it was used or intended for use as a residence. The State also argues that a defendant...

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