STATE v. MONTGOMERY

No. 78,519.

26 Kan. App.2d 346 (1999)

988 P.2d 258

STATE OF KANSAS, Appellee, v. PERNELL MONTGOMERY, Appellant.

Court of Appeals of Kansas.

Opinion filed August 6, 1999.


Attorney(s) appearing for the Case

Bradley P. Sylvester, special appellate defender, of Wichita, for appellant.

Gwynne E. Harris and Brenda Taylor-Mader, assistant district attorneys, Joan M. Hamilton, district attorney, and Carla J. Stovall, attorney general, for appellee.

Before BRAZIL, C.J., ELLIOTT, J., and JOHN J. BUKATY, Jr., District Judge assigned.


ELLIOTT, J.:

Pernell Montgomery appeals his convictions of aggravated robbery and attempted rape.

We affirm in part and reverse in part.

While walking on the street that was on the west edge of Gage Park in Topeka early one morning, A.D. said, "good morning" to a young man who was jogging. A short time earlier she had noticed a KCI Roadrunner van backed into a park driveway. She was later grabbed from behind by a man who said he had a knife. He told...

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