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STATE v. McELROY

No. 84,724.

29 Kan. App.2d 990 (2001)

35 P.3d 283

STATE OF KANSAS, Appellee, v. WILBUR R. McELROY, a/k/a WILBERT MCELROY, Appellant.

Court of Appeals of Kansas.

Opinion filed November 30, 2001.

Attorney(s) appearing for the Case

Peter T. Maharry and Brent Getty, assistant appellate defenders, and Jessica R. Kunen, chief appellate defender, for appellant.

Boyd K. Isherwood and Debra S. Peterson, assistant district attorneys, Nola Foulston, district attorney, and Carla J. Stovall, attorney general, for appellee.

Before GREEN, P.J., KNUDSON, J., and STEPHEN HILL, District Judge, assigned.

GREEN, J.:

Wilbur R. McElroy, a/k/a Wilbert McElroy, appeals his conviction and sentence for attempted rape. On appeal, McElroy argues that the trial court erred when it refused to suppress eyewitness identification evidence. McElroy additionally argues that the trial court's imposition of an upward durational departure sentence and an upward departure of his postrelease supervision was unconstitutional or, alternatively...

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