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STATE v. LIVINGSTON

No. 86,230.

272 Kan. 853 (2001)

35 P.3d 918

STATE OF KANSAS, Appellee, v. EDGAR LIVINGSTON, Appellant.

Supreme Court of Kansas.

Opinion filed December 14, 2001.

Attorney(s) appearing for the Case

Cory D. Riddle, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with him on the brief for appellant.

Terra D. Morehead, assistant district attorney, argued the cause, and Nick A. Tomasic, district attorney, and Carla J. Stovall, attorney general, were with her on the brief for appellee.

The opinion of the court was delivered by

MCFARLAND, C.J.:

Edgar Livingston was charged with one count of first-degree murder (K.S.A. 21-3401) and two counts of rape (K.S.A. 2000 Supp. 21-3502). Defendant and the State entered into a plea agreement whereby: (1) defendant would plead guilty to first-degree murder; (2) the two rape charges would be dismissed; (3) the State would not seek the death penalty; and (4) both sides reserved the right to comment as...

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