STATE v. SMART

No. 81,415.

26 Kan. App.2d 808 (1999)

995 P.2d 407

STATE OF KANSAS, Appellee, v. CEDRICK L. SMART, Appellant.

Court of Appeals of Kansas.

Opinion filed December 30, 1999.


Attorney(s) appearing for the Case

Craig Durham, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for appellant.

Michelle M. Sehee, assistant district attorney, Nola Foulston, district attorney, and Carla J. Stovall, attorney general, for appellee.

Before GERNON, P.J., C. FRED LORENTZ, District Judge, assigned, and PAUL E. MILLER, District Judge, assigned.


LORENTZ, J.:

Cedrick L. Smart appeals his convictions of robbery, battery, and assault. He claims error in the admission of prior crimes evidence and in the court's granting of an upward durational departure.

On the night of the incident leading to Smart's arrest, Chris Knight was the only employee working at a Quiktrip store in Wichita. Andrew Checkley entered the store to purchase some orange juice and milk. As he approached the cashier to pay for his purchases...

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