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STATE v. RAYTON

No. 81,519.

268 Kan. 711 (2000)

1 P.3d 854

STATE OF KANSAS, Appellee, v. BYRON RAYTON, Appellant.

Supreme Court of Kansas.

Opinion filed March 10, 2000.

Attorney(s) appearing for the Case

Pamela A. McLemore, special appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with her on the briefs for appellant.

John W. Withee, assistant district attorney, argued the cause, and Joan Hamilton, district attorney, and Carla J. Stovall, attorney general, were with her on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

The defendant appeals his convictions of felony murder and criminal discharge of a firearm at an occupied dwelling, claiming the judge improperly (1) communicated ex parte with two jurors; (2) refused to grant a mistrial; and (3) failed to instruct on lessor included offenses. He also contends that his felony murder conviction merged with the crime of criminal discharge of a firearm and that imposition...

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