STATE v. LUMLEY

No. 78,447.

267 Kan. 4 (1999)

977 P.2d 914

STATE OF KANSAS, Appellee, v. ROY A. LUMLEY, Appellant.

Supreme Court of Kansas.

Opinion filed April 16, 1999.


Attorney(s) appearing for the Case

Craig Durham, assistant appellate defender, argued the cause, and Randall L. Hodgkinson, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, were with him on the briefs for appellant.

Michelle M. Sehee, assistant district attorney, argued the cause, and Debra S. Peterson, assistant district attorney, Nola Foulston, district attorney, and Carla J. Stovall, attorney general, were on the brief for appellee.


The opinion of the court was delivered by

LOCKETT, J.:

Defendant appeals the district court's "resentencing" him to imprisonment for failing to pass a polygraph test. Defendant argues that although the district court has jurisdiction to order polygraph testing as a condition of probation, the court could not use the results of the polygraph test to revoke defendant's probation.

On April 4, 1996, Roy A. Lumley pled guilty to three counts of aggravated...

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