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STATE v. MAGGARD

No. 76,951.

24 Kan. App.2d 868 (1998)

953 P.2d 1379

STATE OF KANSAS, Appellee, v. RUSSELL MAGGARD, Appellant.

Court of Appeals of Kansas.

Opinion filed February 20, 1998.

Attorney(s) appearing for the Case

James Brent Getty, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for the appellant.

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

Before PIERRON, P.J., GREEN, J., and GENE B. PENLAND, District Judge Retired, assigned.

PENLAND, J.:

Russell Maggard challenges the sentence imposed by the district court pursuant to the Habitual Criminal Act (HCA).

On January 9, 1991, Maggard was convicted of two counts of arson for acts committed in 1988. The district court sentenced him to two consecutive terms of 5 to 10 years. The court then enhanced Maggard's sentences to two consecutive prison terms of 10 to 20 years, pursuant to the HCA.

On appeal, this court reversed Maggard...

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