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STATE v. BILLINGTON

No. 78,781.

24 Kan. App.2d 759 (1998)

953 P.2d 1059

STATE OF KANSAS, Appellee, v. GALE W. BILLINGTON, a/k/a DARYL W. PIERCE, Appellant.

Court of Appeals of Kansas.

Opinion filed January 30, 1998.

Attorney(s) appearing for the Case

Ryan Kipling Elliot and Lisa Nathanson, assistant appellate defenders, and Jessica R. Kunen, chief appellate defender, for the appellant.

Charles R. Reimer, assistant district attorney, Nola Foulston, district attorney, and Carla J. Stovall, attorney general, for the appellee.

Before RULON, P.J., LEWIS and PIERRON, JJ.

LEWIS, J.:

Defendant Gale W. Billington pled nolo contendere to two counts of burglary, two counts of theft, and one count of forgery. This plea was made as a result of an agreement in which the State agreed to recommend concurring sentences and further agreed to recommend that defendant be placed on probation through community corrections. The State stood by its representations but, at sentencing, the trial court refused to impose the sentences recommended by the...

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