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STATE v. MURPHY

No. 83,452.

270 Kan. 804 (2001)

19 P.3d 80

STATE OF KANSAS, Appellant, v. MAURICE T. MURPHY, Appellee.

Supreme Court of Kansas.

Opinion filed March 9, 2001.

Attorney(s) appearing for the Case

Angela M. Wilson, assistant district attorney, argued the cause, Christine Kenney Tonkovich, district attorney, and Carla J. Stovall, attorney general, were with her on the brief for appellant.

Kathleen A. Downey, argued the cause, Peter Maharry, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, were with her on the brief for appellee.

The opinion of the court was delivered by

LARSON, J.:

The State of Kansas appeals from the trial court's downward departure from the sentencing guidelines for aggravated robbery and kidnapping and on a question reserved of the trial court's dismissal of first-degree felony-murder charges. We affirm the trial court on the departure and deny the appeal on the question reserved.

The trial court relied on the following facts established in the preliminary...

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