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STATE v. SPAIN

No. 81,438.

269 Kan. 54 (2000)

4 P.3d 621

STATE OF KANSAS, Appellee, v. DAVID M. SPAIN, Appellant.

Supreme Court of Kansas.

Opinion filed April 21, 2000.

Attorney(s) appearing for the Case

Rebecca E. Woodman, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with her on the briefs for appellant.

John K. Bork, assistant attorney general, argued the cause, and Carla J. Stovall, attorney general, was with him on the brief for appellee.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

In State v. Spain, 263 Kan. 708, 953 P.2d 1004 (1998), this court vacated David Spain's sentence and remanded for resentencing. On remand, the district court reimposed a hard 40 sentence. Spain appeals his sentence.

This is the second time Spain has appealed his sentence to this court. In the first appeal, we stated:...

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