STATE v. BROOKER

No. 82,503.

27 Kan. App.2d 396 (2000)

4 P.3d 1180

STATE OF KANSAS, Appellee, v. GARY A. BROOKER, Appellant.

Court of Appeals of Kansas.

Opinion filed April 28, 2000.


Attorney(s) appearing for the Case

Rick Kittel, assistant appellate defender, Sean Fleming, legal intern, and Jessica R. Kunen, chief appellate defender, for the appellant.

Lesley A. McFadden, assistant district attorney, Nola Foulston, district attorney, and Carla J. Stovall, attorney general, for the appellee.

Before ELLIOTT, P.J., LEWIS, J., and BUCHELE, S.J.


LEWIS, J.:

Defendant Gary A. Brooker was convicted of two counts of aggravated assault. He was sentenced to probation for 36 months, which was a dispositional departure from the presumptive prison sentence of 12 months. This is a direct appeal from the convictions.

We affirm.

On the day in question, the victims were in their automobile returning home after a shopping trip. According to them, a red car pulled into the lane on the right side of their...

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