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WHISLER v. STATE

No. 86,365.

272 Kan. 864 (2001)

36 P.3d 290

RALPH KELLY WHISLER, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed December 14, 2001.

Attorney(s) appearing for the Case

Nathan B. Webb, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with him on the briefs for appellant.

Jared S. Maag, assistant attorney general, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

Ralph Kelly Whisler was convicted of rape at the conclusion of a jury trial in 1995. Whisler's conviction and sentence were affirmed by the Court of Appeals in an unpublished opinion filed March 7, 1997. In October 2000, Whisler filed a K.S.A. 60-1507 motion in the district court where he was sentenced seeking relief based on Apprendi v. New Jersey, 530 U.S. 466

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