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STATE v. HEMBY

No. 77,384.

264 Kan. 542 (1998)

957 P.2d 428

STATE OF KANSAS, Appellee, v. KENNETH D. HEMBY, JR., Appellant.

Supreme Court of Kansas.

Opinion filed April 17, 1998.

Attorney(s) appearing for the Case

Hazel Haupt, assistant appellate defender, argued the cause, and Randall L. Hodgkinson, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, were on the brief for appellant.

David Lowden, assistant district attorney, argued the cause, and Nola Foulston, district attorney, and Carla J. Stovall, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

ABBOTT, J.:

This is a direct appeal by the defendant, Kenneth D. Hemby, Jr., from his convictions by a jury of one count of rape and one count of aggravated criminal sodomy. He received a controlling sentence of 15 years to life.

The defendant originally pled guilty to one count of rape and one count of aggravated criminal sodomy. For these convictions, he received a controlling sentence of 12 to 35 years....

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