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STATE v. RODRIGUEZ-GARCIA

No. 80,588.

27 Kan. App.2d 439 (1999)

8 P.3d 3

STATE OF KANSAS, Appellee, v. EDUARDO RODRIGUEZ-GARCIA, Appellant.

Court of Appeals of Kansas.

Opinion filed December 23, 1999.

Attorney(s) appearing for the Case

Mary Curtis, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for appellant.

Jacqueline J. Spradling, assistant district attorney, Paul Morrison, district attorney, and Carla J. Stovall, attorney general, for appellee.

Before JUSTICE DAVIS, presiding, DAVID J. KING, District Judge, assigned, and PHILIP C. VIEUX, District Judge, assigned.

DAVIS, J.:

Eduardo Rodriguez-Garcia appeals his convictions for aggravated burglary, attempted theft, and criminal damage to property following a second jury trial. His earlier convictions for the same offenses and an additional offense of attempted second-degree murder were set aside by this court based on prosecutorial misconduct during closing argument. State v. Rodriguez-Garcia, 23 Kan.App.2d 847,

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